Open thread: Mandate-mas III, the Finale; Update: Stolen Valor Act struck down; Update: CNN says mandate struck down; Update: AP reports that mandate upheld; Update: Confirmed upheld, 5-4; Update: Kennedy wanted to strike entire law

posted at 8:41 am on June 28, 2012 by Ed Morrissey

Why not get this party started early?  The decision won’t get announced until 10 am ET, about the same time that the House will come to order this morning to consider whether to hold the Attorney General in contempt over his refusal to abide by a subpoena from the Oversight Committee.  Take your pick of historic events, in other words, and try to predict which will be more memorable in the end.  John Podhoretz had a thought about that last night on Twitter:

So what’s the skinny on the decision?  Last night, Intrade had 72.8% betting that the individual mandate was a goner:

With the Supreme Court set to make its ruling on Obamacare on Thursday, the prediction market on Intrade has placed its bet, reporting there is a high probability that the individual mandate will be struck down.

As of Wednesday night, “the world’s leading prediction market” reports there is a 72.8 percent chance the individual mandate will be ruled unconstitutional — a ruling that would deliver a devastating blow to the Obama administration.

If I was a betting man, I’d probably go the same way.  I think there’s still a decent chance that the court might uphold it, but a slightly better chance that the whole thing will get tossed, more out of convenience than anything else, but the mandate will still be the key.

Of course, if that happens, be prepared for a full-court meltdown among the Left, where the argument has already arisen that the Roberts Court is the Most Activististist Court Evah, with Jeffrey Toobin and (Politico’s) Roger Simon leading the way.  Gabriel Malor demolished this argument on Twitter yesterday, and he compiled his rebuttal into a blog post this morning:

Here’s the data on the first five years of the Roberts Court (gleaned from this NYTimes infographic):

(1) The Warren, Burger, and Rehnquist Courts overturned precedent decisions at an average rate of 2.7, 2.8 and 2.4 per term, respectively. By contrast, the Roberts Court overturned precedent only at an average rate of 1.6 per term.(2) The Warren, Burger, and Rehnquist Courts overturned laws at an average rate of 7.9, 12.5, and 6.2 laws per term. By contrast, the Roberts Court struck down laws only 3 laws per term.

Just three laws per term! Far, far from being “eager” to overturn legislatures, as hack Toobin dribbled, and obviously, indisputably playing no unusual role in “second-guessing laws,” as Fallows alarmingly squeaked, the Roberts Court has been a model of restraint. Restraint is, naturally, one of Chief Justice Roberts’ well-known characteristics and it was remarked upon during his confirmation hearings. One could even creditably call the Roberts Court the most restrained, incrementalist Court of the modern era. (I assure you, these numbers have not changed appreciably in the past two years.)

Again, that assumes that the Roberts Court overturns ObamaCare, in whole or in part.  Will the Right melt down if they don’t?  Er …

Beginning at 8:45 am ET, a few minutes earlier than usual, SCOTUSBlog will start its live blogging at this link, which is where most of us will find out what happened.  I’ll be updating this post as we go along, so check back here frequently.

Update: Don’t forget that there are two other cases on the docket that will get decided today, one of which is the Stolen Valor case.  Can Congress make it a crime to lie about military service, or does the First Amendment cover that as protected speech?  We will soon find out.

Update II: Yes, the circus has arrived.  Jeff Quinton posted this picture of Belly Dancers for Single Payer on his Twitter feed:

Because nothing says, “Take me seriously on health care” like belly dancing.

Update: Not going to number updates here.  Stolen Valor act struck down as unconstitutional 6-3, with Kennedy writing for majority.  Congress may be able to rewrite it, though, according to SCOTUSblog’s interpretation of decision.  Here’s the opinion.

Update: Next case, First American, was dismissed.

Update: CNN reports mandate struck down …  developing …

Update: AP reports mandate upheld as a tax, but clearly there is a lot of confusion on this point.

Update: SCOTUSblog reports that Roberts says mandate is constitutional.

Update: Yup, the court upheld the mandate as a tax, not as part of a Commerce Clause jurisdiction.  They narrowed the Medicaid expansion, but it looks like the bill will survive mainly intact.  CNN may be the biggest loser today.

Update: On Twitter, astonishment from conservatives that Kennedy voted to kill the mandate and Roberts voted to uphold it.  I tweeted this in response:

It helps to laugh a little, people.

Update: Kennedy wanted to strike the entire act, according to SCOTUSBlog: “In our view, the entire Act before us is invalid in its entirety.”


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novaculus on June 28, 2012 at 1:10 PM

Two of a mind. One way or another, I’ll stand beside you.

MadisonConservative on June 28, 2012 at 1:17 PM

Admirable exchange, both of you. My sentiments, as well.

de rigueur on June 28, 2012 at 1:30 PM

All you’re really doing is helping Maobama by wasting your vote for gary friggin johnson or rupaul.

Are you going to wear your tin foil hat to the polls?

LevinFan on June 28, 2012 at 1:25 PM

NO.

You are trying to force your Progressive Agenda down our throats. Romney “won” with plurality support. The Anyone But Mitt vote was much larger.

Get over it Romney did not win the Conservatives over then. He is now alienating them against him. We will not vote for him.

Take your Progressive Agenda to the Democrat Party. We do not want you.

Steveangell on June 28, 2012 at 1:31 PM

First of all I was responding to lisafox. However, give the Independents some credit. Your reply to me is water under the bridge. I’m looking “forward” to November 6 as you should be:-) I think you’ve referred to yourself as an Independent; if so maybe all Independents don’t deserve credit in their thinking:-)

bluefox on June 28, 2012 at 1:24 PM

Go ahead, behaving like an ostrich – sticking your head in the ground, ignoring reality is after all an option.

Dr Evil on June 28, 2012 at 1:31 PM

Justice Roberts, you are our Judas..you’ve betrayed the conservative cause and i no longer consider you a conservative…what a disgrace this ruling is

sadsushi on June 28, 2012 at 1:32 PM

Conservative Leaders and a far more conservative Congress.

Steveangell on June 28, 2012 at 1:26 PM

There isn’t a single thing conservative about this Congress.

Dante on June 28, 2012 at 1:35 PM

bluefox on June 28, 2012 at 12:08 PM
The good Dr. is a Troll. All the sleeper cells have been activated for this thread.

HumpBot Salvation on June 28, 2012 at 12:14 PM

Evidently, some as this one was in stealth mode. I don’t recall these kind of comments during the Primary tho.

bluefox on June 28, 2012 at 1:35 PM

All you’re really doing is helping Maobama by wasting your vote for gary friggin johnson or rupaul.

Are you going to wear your tin foil hat to the polls?

LevinFan on June 28, 2012 at 1:25 PM

You voted for McCain. He lost. Therefore, you wasted your vote.

Dante on June 28, 2012 at 1:35 PM

And what exactly did the great victory of 2010 accomplish?

ClassicCon on June 28, 2012 at 1:19 PM

Oh, I know!

Raising the debt ceiling!!!

Dante on June 28, 2012 at 1:20 PM

Well bless your hearts! There are some pretty upset people, and some pretty snotty ones here as well I see. Please enlighten us, ole great ones….let’s us all see your brilliance in its magnificent glory. We await your next utterance. Show us the WAY! Otherwise, your smug condensation is just chatter and unworthy of much more than eye rolling.

graywaiter on June 28, 2012 at 1:36 PM

A brokered convention is only going to hand reelection to Maobama. The GOP will be in disarray, it’ll be a complete disaster.

Bottom line, if a repeal bill is put on Romney’s desk do you think he’ll sign it?

LevinFan on June 28, 2012 at 12:57 PM

NO.

Romney invented Obama Care. He still wants it as he said in code today.

2010 was about getting rid of it.

Romney was the wrong horse.

Romney has alinated the base who will not vote for him. Thus with him the Republicans will once again have a moderate lose in the General. Make six times since Nixon. Plus the all put Democrats into office.

With a Brokered Convention at least we can have a clear message. We will have no part of Obama Care. We will repeal it and if a Con Man like Romney sells snake oil we will boot him out.

Steveangell on June 28, 2012 at 1:37 PM

He eliminated the $1,5 billion budget deficit. I think you can put that into your empty column. He cut spending by $1,6 billion. He would have cut more, but the Democrats overruled him 250 times.

Gelsomina on June 28, 2012 at 1:22 PM

Yay! ONE accomplishment. Great! I can now have something in the column, at last.

Easily balances all of Romney’s “accomplishments” in the SUCKED column.

/s

riddick on June 28, 2012 at 1:30 PM

Just as I said, whatever Romney does, you will tell us that it is either bad or meaningless.

As if cutting spending and eliminating the deficit weren’t the biggest challenges the future president will face.

Gelsomina on June 28, 2012 at 1:39 PM

bluefox on June 28, 2012 at 12:08 PM
The good Dr. is a Troll. All the sleeper cells have been activated for this thread.

HumpBot Salvation on June 28, 2012 at 12:14 PM

Evidently, some as this one was in stealth mode. I don’t recall these kind of comments during the Primary tho.

bluefox on June 28, 2012 at 1:35 PM

Really because we were both Perry supporters you have a convenient memory.

Dr Evil on June 28, 2012 at 1:40 PM

HUH!? How about Hussein Immigration Amnesty EO? You know, that one he signed this month?

For one.

riddick on June 28, 2012 at 1:10 PM

Try again. Congress is nutless to stop him on this particular case for fear of being called racist and for some, like McVain & Grahmnesty, secretly support him on this. But it still doesn’t make it proper and constitutional. So when mittness tries to do the same, you really think the LSM/DNC will sit by quietly while he does this? They will scream bloddy murder and Mittness will cave.

Try again. I’m asking for a constitutional & proper example of an EO overriding the LAW.

AH_C on June 28, 2012 at 1:41 PM

By contrast, the Roberts Court struck down laws only 3 laws per term.

Kind of like Bush: rarely saw a law he didn’t sign.

AshleyTKing on June 28, 2012 at 1:43 PM

There isn’t a single thing conservative about this Congress.

Dante on June 28, 2012 at 1:35 PM

Right.

Thus all the talk about the Tea Party stopping Obama.

Seriously. You are right the Leadership is still Progressive but there are enough Conservatives that he can not pass bills without them. They are making a difference now.

But it does take time. This was just one election and more will win this year. Possibly enough to change the House leadership.

If we go to a Brokered Convention there is a strong possibility this will encourage the base so strongly that far more will win their elections in the General.

Romney is doing serious damage to the constitution by discouraging the base to not vote. He is assuring Obama a second term with a far more liberal Congress. He is the best gift the Democrats could have prayed for in 2012.

Steveangell on June 28, 2012 at 1:43 PM

Two of a mind. One way or another, I’ll stand beside you.

MadisonConservative on June 28, 2012 at 1:17 PM

And I beside you. Brothers in arms.

novaculus on June 28, 2012 at 1:44 PM

The real losers are those who failed to vote in 2008. We got Obowma and two liberal supreme court justices who sided with Obowmacare.

Get out and vote, it matters!

dthorny on June 28, 2012 at 1:44 PM

You voted for McCain. He lost. Therefore, you wasted your vote.

Dante on June 28, 2012 at 1:35 PM

Wow you’re one stupid paulbot!!

I voted for Mclame who had a chance unlike you wasting your vote for Rupaul!

Maybe if enough of you paulbots had pulled your heads out of your behinds, we wouldn’t have gotten Maobama and Obamacare!

See what you’re “principled” Rupaul vote in 2008 got us?? It got us Obamacare!

Thanks for nothing paulbot!!

LevinFan on June 28, 2012 at 1:50 PM

Thus all the talk about the Tea Party stopping Obama.

Steveangell on June 28, 2012 at 1:43 PM

The “Tea Party” voted to raise the debt ceiling. The “Tea Party” praised Ryan’s increased spending plan up and down, believing it was a solution and believing it cut costs.

Dante on June 28, 2012 at 1:53 PM

Axe the Tax!

Difficultas_Est_Imperium on June 28, 2012 at 1:58 PM

0bamessiah insisted 0bamacare was not a tax; GHWB: “Read my lips…” – remember how well that worked out for him?

Michael Mukasey called the decision “an exploding cigar” for 0bamessiah on Fox News a few minutes ago. Anyone here on the Right, who disagrees with his assessment, wanting to articulate in a non-emotional way why he is?

Bizarro No. 1 on June 28, 2012 at 1:59 PM

Like I said when he was nominated, Roberts will be another Souter. Just a matter of time till he took off the mask.

“Romer v Evans” said everything.

Buddahpundit on June 28, 2012 at 2:00 PM

29 pages of comments?? whoaaaa there’s something that tea baggers care more about then regulating gays????

Zekecorlain on June 28, 2012 at 2:08 PM

Didn’t Obama swear he wouldn’t raise taxes on the middle class?

stukinIL4now on June 28, 2012 at 10:51 AM

Obama “evolving” on taxes for the middle class in …3, …2, …1.

Sterling Holobyte on June 28, 2012 at 2:10 PM

Rand Paul gets it, why can’t the rest of the paulbots get it??

LevinFan on June 28, 2012 at 1:29 PM

I don’t know, except a lot of them posting here have this strange theory, that like Obama, if things go to Hell, it benefits them. Like Obama they want a debacle, so they can supposedly swoop in and reform the government.

Obama failed, because even when he had Both Houses, the people revolted against him..

The Paulians are equally delusional.. They advocate a system so extreme, so inately selfish dog eat dog Darwinian survival of the fittest..

The public knows this.. which is why the Paul demands they get rid of Social Security and Medicaid are doomed to keep their numbers below 5%.

Their numbers at Hot Air are directly inverswe their numbeers in the voting public.. They just come here to attempt to break the system, blind that only the left benefits.. The Paul face of government is so hideously ugly to the general public, they serve no purpose other than parasite and spoiler.

mark81150 on June 28, 2012 at 2:11 PM

mark81150 on June 28, 2012 at 2:11 PM

Being willfully ignorant and paranoid is not a good look on you. All you’d have to do would be to open a book, but then you’d have to have the will to do so.

Dante on June 28, 2012 at 2:15 PM

People like Dante are the reason I am a misanthrope.

UODuckMan on June 28, 2012 at 2:20 PM

Today’s conservative does not have the stomach for what it takes to “win”.

ClassicCon on June 28, 2012 at 1:01 PM

Have you forgotten what Scott Walker and “the people” have done here in Wisconsin?! Remember that going into November.

Sterling Holobyte on June 28, 2012 at 2:22 PM

Have you forgotten what Scott Walker and “the people” have done here in Wisconsin?! Remember that going into November.

Sterling Holobyte on June 28, 2012 at 2:22 PM

You are mean, burdening them by telling them to exercise their memories, and reminding them to not think so negatively!

Bizarro No. 1 on June 28, 2012 at 2:27 PM

Boehner: We will not spike the ball!
Pelosi: I’m throwing an Obamacare party!

silvernana on June 28, 2012 at 2:28 PM

People like Dante are the reason I am a misanthrope.

UODuckMan on June 28, 2012 at 2:20 PM

lol

Dante is one of those unhappy cranks who makes me uncomfortable even when I am in agreement with him! :)

Bizarro No. 1 on June 28, 2012 at 2:29 PM

That one crossed my mind, too, but I can’t find the wiggle room that allows for the “unapproved” insurance plans. Obamacare seems to have a lock on what plans insurance companies are allowed to bring to market. $2300 to get the insurance plan you want, tailored for you by the insurance companies… hope you’re right, but where did you get that from the decision?

de rigueur on June 28, 2012 at 1:15 PM

ARRGH. I HATE THIS AUTO-REFRESH. I almost completed my response and lost it.

1) SCOTUS says that it is unconstitutional under the commerce clause (CC). CC could ban alternative insurance, but since this is now a tax matter, there is no mechanism for banning alternative insurance.

2) Doctors against OC were already setting up conceirge services to maintain their QOS to patients that can afford it.

3) The market could well exist for private “emergency coverage insurance”, don’t call it “health”. The customer pays for all medical/health stuff, including broken bones etc, but when the issue is catastrophic, i.e. disease, the insurance would kick in. Similar to supplemental insurances that cover the gap in medicare.

4) Most likely, you won’t get treated at public facilities etc, as they’ll only accept OC-approved insurance. So you’ll get treated by private doctors and clinics, if such will continue to exist, or you simply go offshore to Costa Rico, Bahamas etc.

These are just mental exercises that I’m thinking thru, but the key is that there is no law currently banning some sort of private insurance. Nor do State laws ban that type of private insurance that isn’t “health” insurance. A distinction in semantics, but the difference being that for those who self-insure, you have a policy that backstops you in case self-insurance isn’t enough.

How this plays out depends on the pool. But conceivably, it also gives religious institutions an out vis a vis contraception. Pay the “penalty-for-refusing-to-obey-man-&-sin-as-commanded” tax – morally defensible a la render unto Caesar – and backstop the catasrophic claims with the private insurance. Ditto for the self-employed.

The only way to flesh it out completely would be to kick it around with folks intent on not participating in OC and still remain solvent regardless of what congress wants to jam down on us.

AH_C on June 28, 2012 at 2:30 PM

You are mean, burdening them by telling them to exercise their memories, and reminding them to not think so negatively!

Bizarro No. 1 on June 28, 2012 at 2:27 PM

Aren’t I though?! 30 lashes with a wet noodle for me!

But honestly, I can’t say this whole thing hasn’t affected me negatively(read my first post. It’s somewhere in the 3000 comments here, I forgot where. Actually, I think it is somewhere in the 10:50 a.m. range – Central time), but I am trying just as hard to keep my spirits up as well as others.

I have a question to Roberts, though. What the h#ll is the difference between paying a penalty for not buying their health insurance, and paying a tax for not buying their health insurance??? And why is the “tax” penalty constitutional??!

Sterling Holobyte on June 28, 2012 at 2:35 PM

There isn’t a single thing conservative about this Congress.

Dante on June 28, 2012 at 1:35 PM

Including a certain Doktor from Texas.

catmman on June 28, 2012 at 2:37 PM

The Paulites have never figured out, the overwhelming majority do not want a 17th century style government. They can scream and cry about it all day, but the facts are there. The population then was aquarian, where enough large families existed, if a man were maimed or a woman struck blind or simply aged.. they could easily care for them with out outside help. Church’s could aid as well.. but once the populations moved to the cities, and large families were a thing of the past, families can not always help. Churches are overwhelmed..

Obamacare is an abomination.. we need a free market private health care system, one which can be adapted to our modern lifestyle. But until that happens,.. and an alternative to the old safety net is in place.. the Paulites are delusional to think the public will ever support them tearing it all down.

They appear col;d blooded,.. so they loose the public.

Most people don’t want to leave the infirm or elderly in the streets, but Paulites will gives you some Bullsh*t line about what the founders would want, when they know damn well, the founders could not imagine our world as it is today,.. no big family farms, people all living in cities, dependent on industry for jobs..

The Paulite solutions are still hemlock and leeches..

That’s why they can win over the public.

We need solutions true to principle, but modern ones the founders could not have concieved of. The debt first,.. but many problems need addressed.

mark81150 on June 28, 2012 at 2:38 PM

bluefox on June 28, 2012 at 1:24 PM

Go ahead, behaving like an ostrich – sticking your head in the ground, ignoring reality is after all an option.

Dr Evil on June 28, 2012 at 1:31 PM

To not vote for our Nominee would never be an option for me. I don’t care what Romney has done in the past politically. But I DO KNOW what Obama has done since before he was selected and since. That is the difference in how I look at this and you. You are looking at what Romney may or may not have done and what he might do. I’m looking at B.O. and for the sake of my Country I would vote for anyone opposing him.

bluefox on June 28, 2012 at 2:40 PM

That’s why they can CANNOT win over the public.

We need solutions true to principle, but modern ones the founders could not have concieved of. The debt first,.. but many problems need addressed.

mark81150 on June 28, 2012 at 2:38 PM

oops.. updated firefox, then for some reason, it locked up, and will not load now. So I lost both spellcheck, and the protection frm the page reloads erasing a comment before I can post, so I’m typing faster than I used too and mistakes are coming faster too.

how can I fix the firefox to load?

mark81150 on June 28, 2012 at 2:42 PM

LevinFan on June 28, 2012 at 1:25 PM

You voted for McCain. He lost. Therefore, you wasted your vote.

Dante on June 28, 2012 at 1:35 PM

Hindsight is always 20/20. No vote is ever wasted; it’s our duty to ourselves and our Country.In 2008, we had a choice and voting for McCain was the only insane choice. Those that didn’t exercise intelligence voted for B.O.

We have in this coming November an opportunity to use our brains and make another intelligent choice. I hope we as a Country do so.

Oh, by the way. Many Democrats put you to shame if you voted for Obama. There were millions that did NOT.

bluefox on June 28, 2012 at 2:48 PM

how can I fix the firefox to load?

mark81150 on June 28, 2012 at 2:42 PM

I would totally try shutting down the computer first and see if that will bring it back up. That would be the easiest. I lost my CD/DVD drives and that brought them back.

bluefox on June 28, 2012 at 2:50 PM

It’s really to wonder what obama knows about Roberts. Roberts screwed up his first oath for office and then gave him his second oath in total privacy and I bet obama swear on the koran – or may be never took the oath? How outrageous was that to do a second oath – or not – in such secrecy.

And now the healthcare decision + AZ law decision? Hmmmmm…wonder what obama knows and threatened robert with if he does not do what he wants.

Must be a big ugly secret.

American Dream 246 on June 28, 2012 at 2:57 PM

bluefox on June 28, 2012 at 12:08 PM
The good Dr. is a Troll. All the sleeper cells have been activated for this thread.

HumpBot Salvation on June 28, 2012 at 12:14 PM

Evidently, some as this one was in stealth mode. I don’t recall these kind of comments during the Primary tho.

bluefox on June 28, 2012 at 1:35 PM

Really because we were both Perry supporters you have a convenient memory.

Dr Evil on June 28, 2012 at 1:40 PM

Yes we were. And before that I was a Palin supporter. It surprises me that you have turned around as you have. I’ve no explanation for it. I was disappointed that Gov. Perry didn’t make it farther. Then Gingrich(my next pick) didn’t either. I’v railed against Romney many times. However, if he is our Nominee I must vote for him. It doesn’t matter now since I have no choice. I do hope you reconsider and vote.

bluefox on June 28, 2012 at 2:57 PM

Time to dig deep in Robert’s life and have him thrown out of the court..

American Dream 246 on June 28, 2012 at 2:59 PM

Are the illegals going to have to pay the tax?

LooseCannon on June 28, 2012 at 3:08 PM

We need solutions true to principle, but modern ones the founders could not have concieved of. The debt first,.. but many problems need addressed.

mark81150 on June 28, 2012 at 2:38 PM

Absolutely agreed!

jimver on June 28, 2012 at 3:10 PM

The real losers are those who failed to vote in 2008. We got Obowma and two liberal supreme court justices who sided with Obowmacare.

Get out and vote, it matters!

dthorny on June 28, 2012 at 1:44 PM

I agree. And all because they didn’t “like” McCain. Well, do they like Obama now? Let’s hope they don’t apply that sentiment to Romney.

Vote as if your life depends on it as it does.

bluefox on June 28, 2012 at 3:11 PM

You voted for McCain. He lost. Therefore, you wasted your vote.

Dante on June 28, 2012 at 1:35 PM

Wow, with that sort of comment you legitimately compete with the lobotomyordie for the most stupid poster! Congrats, you two are in the same league now!

jimver on June 28, 2012 at 3:13 PM

For conservatives, everything is simple. It’s the default ideology for people who don’t want to do the hard work of real thinking.

Oh, so, the Court upheld the mandate under the Commerce Clause, as you Progs promised it would?

So, the Court upheld the mandate pursuant to the N&P Clause, as you Progs promised it would?

So, the Court didn’t strike down the Medicaid expansion as unconstitutional in contravention to what you guys claimed?

So, the Court didn’t hold that the “mandate” is a “tax” when the “constitutional scholar” in the White House swore that it was a penalty?

Yeah, you guys are “real thinkers.” I’m seriously impressed.

Resist We Much on June 28, 2012 at 3:15 PM

Boehner: We will not spike the ball!
Pelosi: I’m throwing an Obamacare party!

silvernana on June 28, 2012 at 2:28 PM

Being timid is not a virtue in politics:-) Nice to see you out and about on HA!

I’m watching the House debate on the contempt vote on Holder on c-span.

bluefox on June 28, 2012 at 3:17 PM

O/T Watching the contempt debate on c-span against Holder.

Wow, Pelosi has had a lot of “facework” done and or botox!! I bet she can’t smile very well.

bluefox on June 28, 2012 at 3:25 PM

O/T Watching the contempt debate on c-span against Holder.

Wow, Pelosi has had a lot of “facework” done and or botox!! I bet she can’t smile very well.

bluefox on June 28, 2012 at 3:25 PM

Actually, she’s having a difficult time speaking. Geesh!!

bluefox on June 28, 2012 at 3:29 PM

You voted for McCain. He lost. Therefore, you wasted your vote.

Dante on June 28, 2012 at 1:35 PM

Wow, with that sort of comment you legitimately compete with the lobotomyordie for the most stupid poster! Congrats, you two are in the same league now!

jimver on June 28, 2012 at 3:13 PM

On Dante’s behalf, I would say that a sarc tag wasn’t required as his comment was a rebuttal to all the RINOs that claim a vote not for Romney is a vote for Oboobi.

AH_C on June 28, 2012 at 3:29 PM

NO.

You are trying to force your Progressive Agenda down our throats. Romney “won” with plurality support. The Anyone But Mitt vote was much larger.

Get over it Romney did not win the Conservatives over then. He is now alienating them against him. We will not vote for him.

Take your Progressive Agenda to the Democrat Party. We do not want you.

Steveangell on June 28, 2012 at 1:31 PM

You don’t speak for me, punkin. I’m mature enough to recognize that one of two people will be president after the election. And neither one is a third party buffoon. I may not be very happy with the one I choose, but I can be damn happy and take a great deal of satisfaction in taking deliberate action to deny victory to the other.

applebutter on June 28, 2012 at 3:30 PM

On Dante’s behalf, I would say that a sarc tag wasn’t required as his comment was a rebuttal to all the RINOs that claim a vote not for Romney is a vote for Oboobi.

AH_C on June 28, 2012 at 3:29 PM

Two points. 1) I am not a RINO, and 2) in the coming election, a vote for a candidate other than Romney is, in fact, a vote for Obama (or Oboobi if you prefer).

applebutter on June 28, 2012 at 3:33 PM

Um, considering this “tax” originated in the Senate and NOT the House, as Constitutionally-mandated – how is the act NOT still unconstitutional?

PJ Emeritus on June 28, 2012 at 3:36 PM

Just as I said, whatever Romney does, you will tell us that it is either bad or meaningless.

As if cutting spending and eliminating the deficit weren’t the biggest challenges the future president will face.

Gelsomina on June 28, 2012 at 1:39 PM

Typical RINO sheeple blathering…

NO. He simply raised a myriad of FEES and failed to call them TAXES, as he should have. And what they were in reality.

Second. After today, when fully 1/6th of the entire economy has been NATIONALIZED, its not deficits that are the biggest issue, its our FREEDOM.

Keep posting BS, you sheeple only prove yourselves wrong with each and every post. There is absolutely nothing redeeming in Romney’s candidacy. NOTHING. He has lied before, is lying now and will lie in the future. Same as Manchurian we have now in WH.

So, I ask again. What about his record on anti-gun laws? Abortion? Higher taxes, $500 MILLION in 2003 alone? RomneyCare, which we all pay for now whether we live in MA or not?

In short, everything that contradicts all his recent speeches.

riddick on June 28, 2012 at 3:38 PM

mark81150 on June 28, 2012 at 2:38 PM

Look at the so-called conservative making the case for big government.

Dante on June 28, 2012 at 3:39 PM

Actually, she’s having a difficult time speaking. Geesh!!

bluefox on June 28, 2012 at 3:29 PM

2 bottles of celebratory tequila do that…

riddick on June 28, 2012 at 3:40 PM

Oh, so, the Court upheld the mandate under the Commerce Clause, as you Progs promised it would?

So, the Court upheld the mandate pursuant to the N&P Clause, as you Progs promised it would?

So, the Court didn’t strike down the Medicaid expansion as unconstitutional in contravention to what you guys claimed?

So, the Court didn’t hold that the “mandate” is a “tax” when the “constitutional scholar” in the White House swore that it was a penalty?

Yeah, you guys are “real thinkers.” I’m seriously impressed.

Resist We Much on June 28, 2012 at 3:15 PM

What Id like to know is, If Congress voted this abomination in as NOT TAX, and Roberts says it only works as TAX, must Congress now vote again for this as TAX before it is implemented?

riddick on June 28, 2012 at 3:43 PM

It sure would be nice if there was a candidate that we could turn to that we could view as the opposition to the Mandate breach – but Mitt Romney defended the Mandate enforced for Massachusetts! Isn’t that sweet? He’s just like Supreme Court Justice Kennedy – untrustworthy and duplicitous in every way.

The Nerve on June 28, 2012 at 3:44 PM

It sure would be nice if there was a candidate that we could turn to that we could view as the opposition to the Mandate breach – but Mitt Romney defended the Mandate enforced for Massachusetts! Isn’t that sweet? He’s just like Supreme Court Justice Kennedy – untrustworthy and duplicitous in every way.

The Nerve on June 28, 2012 at 3:44 PM

There was one in the Republican field, and there is one running as the Libertarian candidate.

The only guarantee to getting rid of Obamacare is nullification.

Dante on June 28, 2012 at 3:46 PM

It sure would be nice if there was a candidate that we could turn to that we could view as the opposition to the Mandate breach – but Mitt Romney defended the Mandate enforced for Massachusetts! Isn’t that sweet? He’s just like Supreme Court Justice Kennedy – untrustworthy and duplicitous in every way.

The Nerve on June 28, 2012 at 3:44 PM

But justice Kennedy sided with the minority of the court that wanted to strike the whole thing down. Ain’t it funny how life is sometimes?

gryphon202 on June 28, 2012 at 3:48 PM

It sure would be nice if there was a candidate that we could turn to that we could view as the opposition to the Mandate breach – but Mitt Romney defended the Mandate enforced for Massachusetts! Isn’t that sweet? He’s just like Supreme Court Justice Kennedy – untrustworthy and duplicitous in every way.

The Nerve on June 28, 2012 at 3:44 PM

What Romney sheeple fail to understand is that while we ALL pay for RomneyCare deficits now, SCOTUS decision splits states into 2 camps now, and those states that refuse to implement HusseinCare on their own ground will just pay for the deficits in states that elect to do so. I wonder now if states that refuse HusseinCare can sue to have their money NOT support states that do.

Will be interesting to see what develops.

riddick on June 28, 2012 at 3:49 PM

Can we all agree now, after this historically disasterous week that BUSH is the third worst President of all time?
- Refusal to Secure the Border
- Initiate the ‘Arab Spring’ land 4 new islamic States
-Appoint the Traitor John Roberts as Chief Justice
-Begin the cycle of insane spending that has led to our collapse

AmeriCuda on June 28, 2012 at 3:50 PM

Um, considering this “tax” originated in the Senate and NOT the House, as Constitutionally-mandated – how is the act NOT still unconstitutional?

PJ Emeritus on June 28, 2012 at 3:36 PM

Yep, I wonder the same thing.

cptacek on June 28, 2012 at 3:51 PM

Congressman Paul’s statement:

“I strongly disagree with today’s decision by the Supreme Court, but I am not surprised. The Court has a dismal record when it comes to protecting liberty against unconstitutional excesses by Congress.

“Today we should remember that virtually everything government does is a ‘mandate.’ The issue is not whether Congress can compel commerce by forcing you to buy insurance, or simply compel you to pay a tax if you don’t. The issue is that this compulsion implies the use of government force against those who refuse. The fundamental hallmark of a free society should be the rejection of force. In a free society, therefore, individuals could opt out of “Obamacare” without paying a government tribute.

“Those of us in Congress who believe in individual liberty must work tirelessly to repeal this national health care law and reduce federal involvement in healthcare generally. Obamacare can only increase third party interference in the doctor-patient relationship, increase costs, and reduce the quality of care. Only free market medicine can restore the critical independence of doctors, reduce costs through real competition and price sensitivity, and eliminate enormous paperwork burdens. Americans will opt out of Obamacare with or without Congress, but we can seize the opportunity today by crafting the legal framework to allow them to do so.”

Dante on June 28, 2012 at 3:51 PM

Um, considering this “tax” originated in the Senate and NOT the House, as Constitutionally-mandated – how is the act NOT still unconstitutional?

PJ Emeritus on June 28, 2012 at 3:36 PM

And just who do you suppose will challenge that? Boehner?

Riiiiight…

riddick on June 28, 2012 at 3:54 PM

I am still very mad about this. This was a once in a lifetime chance to truly limit the federal government in a significant way. And we lost it because Bush picked the wrong person to be the Chief Justice. He should have made Alito the Chief Justice and picked someone else besides Roberts. I never thought Roberts would do this. But he has. And it is truly devastating. We will now have Obamacare in some form forever…Healthcare will never be the same.

Thanks John…

RedSoxNation on June 28, 2012 at 3:57 PM

bluefox on June 28, 2012 at 3:29 PM

2 bottles of celebratory tequila do that…

riddick on June 28, 2012 at 3:40 PM

LOL, that would add to the speech impediment for sure!!
Now Dingell wants to open previous AG’s. Just another motion to delay this vote. I hope they vote it down and take the final vote.
Issa made a great speech and no botox/tequila:-)

bluefox on June 28, 2012 at 4:00 PM

I remember a prediction that the chief Justice was going to try to be the one to write the majority opinion whichever way the decision went. By doing so, he can craft the opinion in any way he wants (so long as it is acceptable to the other Justices who agree to the decision) and actually may say as seems to be the case, where the Mandate was and was not constitutional. Certainly a liberal justice writing the opinion might strictly stick to the taxing aspect and not say anything about the Commerce clause.

It might be that hemming in the Commerce clause might become more important than striking down the Mandate since as a tax it is subject to more taxpayer pressure on Congress than some thing that relies on the expansive reading of the Commerce clause.

Russ808 on June 28, 2012 at 4:00 PM

I am still very mad about this. This was a once in a lifetime chance to truly limit the federal government in a significant way. And we lost it because Bush picked the wrong person to be the Chief Justice. He should have made Alito the Chief Justice and picked someone else besides Roberts. I never thought Roberts would do this. But he has. And it is truly devastating. We will now have Obamacare in some form forever…Healthcare will never be the same.

Thanks John…

RedSoxNation on June 28, 2012 at 3:57 PM

Wonder how Harriet Meiers would have ruled…

slickwillie2001 on June 28, 2012 at 4:01 PM

Um, considering this “tax” originated in the Senate and NOT the House, as Constitutionally-mandated – how is the act NOT still unconstitutional?

PJ Emeritus on June 28, 2012 at 3:36 PM

Yep, I wonder the same thing.

cptacek on June 28, 2012 at 3:51 PM

Not only those points you make, but isn’t this still a Mandate?
So Roberts has said as long as anything is legislated it is Constitutional as long as it’s called a tax? I don’t use the WT?, but WTH? is this?

Another question is didn’t Roberts legislate from the Bench?

Gowdy is on fire right now!!

bluefox on June 28, 2012 at 4:06 PM

gryphon202 on June 28, 2012 at 3:48 PM

Whoops – I meant justice Roberts…

The Nerve on June 28, 2012 at 4:09 PM

How do you fly the flag upside down in these comments?

Theophile on June 28, 2012 at 4:10 PM

Typical RINO sheeple blathering…

NO. He simply raised a myriad of FEES and failed to call them TAXES, as he should have. And what they were in reality.

Second. After today, when fully 1/6th of the entire economy has been NATIONALIZED, its not deficits that are the biggest issue, its our FREEDOM.

Keep posting BS, you sheeple only prove yourselves wrong with each and every post. There is absolutely nothing redeeming in Romney’s candidacy. NOTHING. He has lied before, is lying now and will lie in the future. Same as Manchurian we have now in WH.

So, I ask again. What about his record on anti-gun laws? Abortion? Higher taxes, $500 MILLION in 2003 alone? RomneyCare, which we all pay for now whether we live in MA or not?

In short, everything that contradicts all his recent speeches.

riddick on June 28, 2012 at 3:38 PM

Your screaming and hollering just proves that I am right. No matter what Romney says or does, you will never accept it, even if it is something you normally would agree with.

Gelsomina on June 28, 2012 at 4:14 PM

Can we all agree now, after this historically disasterous week that BUSH is the third worst President of all time?
- Refusal to Secure the Border
- Initiate the ‘Arab Spring’ land 4 new islamic States
-Appoint the Traitor John Roberts as Chief Justice
-Begin the cycle of insane spending that has led to our collapse

AmeriCuda on June 28, 2012 at 3:50 PM

He’s certainly on the list, but not for any of those reasons. And for the record, Bush did not begin the cycle of insane spending. That happened looong before Bush ever dreamed of being president.

Dante on June 28, 2012 at 4:28 PM

I wasn’t thrilled about Romney before, but I will be volunteering to be a campaign worker now. This is a matter of life and death now – literally.

conservative_student on June 28, 2012 at 4:45 PM

How do you fly the flag upside down in these comments?

Theophile on June 28, 2012 at 4:10 PM

(Quick and probably imperfect)Here you go:

___________________________
___________________________
___________________________
___________________________
**********____________________
**********____________________
**********____________________
**********____________________

LooseCannon on June 28, 2012 at 5:02 PM

Your screaming and hollering just proves that I am right. No matter what Romney says or does, you will never accept it, even if it is something you normally would agree with.

Gelsomina on June 28, 2012 at 4:14 PM

Conversely, anything Romney does is either A-OK or else can easily be spun or rationalized by you ‘bots. He signed a health-care mandate into law; he has said “I love mandates”; and yet this squish is going to lead us out of the ObamaCare-free Promised Land. Riddick’s term “sheeple” is spot on.

ddrintn on June 28, 2012 at 5:24 PM

I wasn’t thrilled about Romney before, but I will be volunteering to be a campaign worker now. This is a matter of life and death now – literally.

conservative_student on June 28, 2012 at 4:45 PM

Don’t waste your energy. Concentrate on congressional races.

ddrintn on June 28, 2012 at 5:34 PM

I wasn’t thrilled about Romney before, but I will be volunteering to be a campaign worker now. This is a matter of life and death now – literally.

conservative_student on June 28, 2012 at 4:45 PM

Why would you vote for a big government supporter?

Dante on June 28, 2012 at 5:36 PM

Really? The embodiment of all evil? An entity who’s only wish is for all human life to experience eternal torment in hell. You’d vote for that over Obama? Dude……

libfreeordie on June 28, 2012 at 4:55 PM

He’s a conservative slave and that’s what they do. John Boehner will rationalize an argument to him that somehow Satan is a capitalist who knows more about the economy – would be more transparent about government – and more responsible with taxpayer dollars …

And he’ll just run right into that voting booth – all glassy-eyed and pull the lever for beelzebub!! LOL

HondaV65 on June 28, 2012 at 4:59 PM

Bmore on June 28, 2012 at 6:24 PM

There isn’t a single thing conservative about this Congress.

Dante on June 28, 2012 at 1:35 PM

Yes, of course, today’s votes against Holder were statist, big-government ones, weren’t they? LOL

Bizarro No. 1 on June 28, 2012 at 6:29 PM

“A nation can survive it’s fools, and even
the ambitious. BUT cannot survive treason from
within. An enemy at the gates is less formidable,
for he is known and carries his banner openly. But
the traitor moves amongst those within the gates
freely, his sly whispers rustling through all the
alleys, heard in the very halls of government
itself. For the traitor appears not a traitor, he
speaks in accents familiar to his victims, and he
wears their face and their arguments, he appeals
to the baseness that lies deep in the hearts of
all men. He rots the soul of a nation, he works
secretly and unknown in the night to undermine the
pillars of the city, he infects the body politic
so that it can no longer resist. A murder is less
to fear.”
Cicero’s speech to the Roman Senate 50 BC

Thank you John Roberts, you have pushed open the gates, you have killed the Republic….

MaxSplinters on June 28, 2012 at 6:39 PM

Leather. Up. Nancy.

I must be immune to the Eeyore virus that’s been spread around here.

“Oh noes, we’re doomed!” There, is that better? Or would everyone like to get off their butts and start doing some political harm to the Democrats now? Start telling your representatives en-masse and as a unified front where the Sovereign stand. Not just on this issue, but on all of them. This isn’t just about elections, or even one piece of legislation, it’s about being so far removed from our legislators that we elect them and leave them with some trust that they’ll do the right thing.

We’ve skipped the soapbox for too long, both before and after the ballot box. Want to avoid the third option, goto 1.

PXCharon on June 28, 2012 at 7:02 PM

Try again. I’m asking for a constitutional & proper example of an EO overriding the LAW.

AH_C on June 28, 2012 at 1:41 PM

Spin it any which way you feel like, but once you put that glue stick down you’ll realize its an EO that absolutely went against everything in the Constitution.

As a matter of fact, illegals in CA have already received their legalization papers last week. Despite all the laws on books.

riddick on June 28, 2012 at 7:03 PM

“Today we should remember that virtually everything government does is a ‘mandate.’ The issue is not whether Congress can compel commerce by forcing you to buy insurance, or simply compel you to pay a tax if you don’t. The issue is that this compulsion implies the use of government force against those who refuse. The fundamental hallmark of a free society should be the rejection of force. In a free society, therefore, individuals could opt out of “Obamacare” without paying a government tribute.

Dante on June 28, 2012 at 3:51 PM

Since government IS force, I’d call that a pretty incoherent statement.

The real distinction is in the level of the mandate. Government force or mandates should stick to legitimate functions of government, such as dealing with crimes, providing for national defense, and even taxes.

For the government to force you to spend money on health insurance is wrong because it’s not a legitimate government function. Period.

That is, the Constitution does not enumerate for the federal government a right to regulate our health care.

As much as I object to doing it at the state level, the states at least don’t have to find an enumerated right in the Federal Constitution before acting at the state level. Therefore, it is not unConstitutional for a state to do it, but absolutely unConstitutional for the federal government to do it.

But apparently the new function of SCOTUS when it sees an unConstitutional law is to figure out a way to justify it in the Constitution. Even if Congress passes a law based on the Commerce Clause and says it’s not a tax, and the Supreme Court is willing to call it a tax anyway so they can declare it Constitutional.

Bottom line, though: We can’t depend on SCOTUS to reign in unConstitutional laws. We have to force Congress and/or the President to do it, or it won’t get done.

tom on June 28, 2012 at 7:08 PM

Defeat Obama. Win control of Senate. Keep control of the House.

Let’s make it happen.

Yakko77 on June 28, 2012 at 7:17 PM

Um, considering this “tax” originated in the Senate and NOT the House, as Constitutionally-mandated – how is the act NOT still unconstitutional?

PJ Emeritus on June 28, 2012 at 3:36 PM

That was the reason it was never labeled a tax in the first place.
The house bill would not have passed a cloture vote in the senate because of the Brown election. Reid gutted a previously passed senate bill, stuck in obamacare and used reconciliation with the house in order to only need a simple majority to pass the senate. The bill could NOT be a tax since it originated in the Senate, thus the mandate. Roberts completely F..’d up. It needs to be challenged through the courts.

(Or maybe Roberts is secretly brilliant……but I do not think so)

The States need to re file challenging on Article 1 Sec 7.
It is so plan, if Roberts or any others ruled against it, they need to be tossed for violating their oath.

Animal60 on June 28, 2012 at 7:34 PM

PXCharon on June 28, 2012 at 7:02 PM

I like the cut of your jib

thebrokenrattle on June 28, 2012 at 7:39 PM

So, good to know in the Governments eyes, I’m not a full person until I pay my “Tax” to my right to live.

I don’t want to hear another govermental talking head telling me this is the nation where I have the right to Life, Liberty and the Pursuit of Happiness

No, now, it’s “You have the right to life…as long as you pay for it via IRS enforced protection racket via life insurance.”

So “thank you” Democrats, for turning this into Sports Team Mentality, just to ram it in our faces.

“Thank you” R.I.N.O.s who “Went along to get along” with the likes of MSNBC for a few hours, for supporting the Liberal justices, or any of the bills

“Thank you” Mitt Romney, for helping constructing the basis to Obama Care with Romney Care.

“Thank you” John Boehner, RNC, et al, for Wimping out on the tough issues for fear of being called “Crazy” for doing what was right.

“Thank You” John Roberts and the Supreme Court, for failing in your task of protecting the people from an overreaching government.

Because of all of you, my generation get’s to pick up the pieces when it all collapses. All so that the Old Nobility of this era can live like nothings wrong for a few more years.

Razgriez on June 28, 2012 at 7:52 PM

U.S. Constitution 1789-2012 R.I.P.

Who is John Galt on June 28, 2012 at 8:27 PM

Gee, almost seems like today was the “Right to Publicly Lie” day at the U.S. Supreme Court.

Yep. A banner day for those who openly and falsely claim to have “earned” high military citations for valor, and a free pass for the President, high Administration officials, and certain members of Congress, who openly lied to the American people about the constitutional justification for ObamaCare — i.e., that the Commerce Clause was a legitimate basis for the mandate, and their insistence during passage that it was absolutely NOT a tax.

Trochilus on June 28, 2012 at 8:43 PM

Obama has done exactly what FDR did with SS. “No, my fellow Americans. It’s not a tax. I would NEVER levy such a tax on you!” Then, “Your honours, this mandate isn’t really a mandate or a penalty. It’s a tax even though we didn’t include it in the revenue-raising section of the Act. No, really. We swear. Cross our hearts. Hope to die.”

The only redeeming thing you can say about FDR is, at least, the money tax he took from Americans actually went into the Treasury instead of private corporate bank accounts.

Obama: “Support your local, private, health insurance corporation! Pay ‘taxes” to it!”

Resist We Much on June 28, 2012 at 8:52 PM

As a long-time Conservative I have consistently bitched, moaned, groaned and complained about SCOTUS habitually usurping the powers of Congress by rewriting and reinterpreting the laws passed by Congress. Guess what? The Roberts Court, in so many words, today said, “No more. Congress enacted the largest tax increase in the history of the world on the American people during a depression at the behest of President Obama and under the leadership of Nancy Pelosi and Harry Reid. The Constitution gave the Congress the power to make this mess and it gives Congress the power to fix it. It is not the job of SCOTUS to rewrite this law.”

I hate the decision on one hand. I would have loved to have seen it thrown out entirely. On the other hand, I’m so thankful to finally see a Chief Justice of the Supreme Court choose to not take the bait and simply rule on the legalities of the case.

I applaud Chief Justice Roberts for having the hutzpah to do what Conservatives have been begging the Court to do for years. Namely, just do their job. Not the job of Congress, or the President, or the States, or even the People. They merely spoke to the law, nothing more, nothing less.

If you don’t like Obamacare, tell Congress to fix this mess, NOW! Tell them loudly and tell them often until they finally get the message: “Get off your duff and do your job!”

Deacon336 on June 28, 2012 at 8:52 PM

In case you missed it D!ckhead, this is NOT new with Roberts’ ruling. Chr!st you people are stupid.

DevilsPrinciple on June 28, 2012 at 8:07 PM

stupid D!ckhead

Bmore on June 28, 2012 at 8:52 PM

Bmore on June 28, 2012 at 8:57 PM

In case you missed it D!ckhead, this is NOT new with Roberts’ ruling. Chr!st you people are stupid.

DevilsPrinciple on June 28, 2012 at 8:07 PM

I guess I should have said, how very Conservative of you, stupid D!ckhead

Bmore on June 28, 2012 at 9:05 PM

This was a very Conservative position one of our most clever commenters made.

THIS IS THE BEST DAY OF MY LIFE!! VINDICATION!!

HondaV65 on June 28, 2012 at 11:20 AM

Don’t really need to add much to that.

Bmore on June 28, 2012 at 9:09 PM

This sweet little naive diddy didn’t go unnoticed.

Adults who don’t have health insurance through their employers, their private carrier, Medicare, Medicaid or any other source. This fee/tax will only be paid by the free riders who expect the rest of us to take up their slack.

Drew Lowell on June 28, 2012 at 11:25 AM

Why sure.

Bmore on June 28, 2012 at 9:12 PM

This one summed it up in few words.

I feel sick.

kit9 on June 28, 2012 at 9:50 AM

Bmore on June 28, 2012 at 9:14 PM

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