Quotes of the day

posted at 10:40 pm on July 2, 2012 by Allahpundit

In the wake of Chief Justice John Roberts’ stunning about-face in the Obamacare case, conservatives who follow judicial issues are asking themselves: Did we ever really know Roberts? Did we get him wrong?…

“His ideological opinions he certainly kept to himself,” says one of those former Senate aides. “He was a blank slate because he had represented so many different sides,” says the other.

The public debate over Roberts echoed those private doubts. As Roberts sought confirmation, conservative commentators as varied as Charles Krauthammer and Ann Coulter called him a “tabula rasa.”

***

That is the kind of sophistry we expect from liberals. The left sees the law as a tool of social justice — so they start with the desired outcome and then come up with legal reasoning to justify it. That is what Roberts did last week. He decided he wanted to uphold Obamacare and rewrote the statute to fit that outcome.

There is informed speculation in conservative legal circles that a close reading of the dissent shows Roberts had intended to strike down Obamacare, but flipped his position at the last minute. We don’t know if he was suddenly convinced by his liberal colleagues, or simply had a failure of nerve. But the challenge for conservatives is clear: We need jurists who not only have a philosophy of judicial restraint, but the intestinal fortitude not to be swayed by pressure from the New York Times, the Georgetown cocktail circuit and the legal academy.

***

“Bush v. Gore is an example of a decision the left didn’t respect in part because they thought it was political motivated,” said Randy Barnett, a Georgetown University law professor who worked with the National Federation of Independent Business on its case against the law. “What the left says of Bush v. Gore, I think is true of this decision.”…

“He’s an umpire that seemed worried that people from the stands would be hollering at him,” said Chapman University law professor John Eastman.

“If he changed his vote because he was persuaded by the argument in favor of the health care bill, then I think he’s wrong but that’s fine,” Eastman said. “If he changed his vote because people were critical of the court and he was afraid of those criticisms and nevertheless was of the view the bill was constitutional, then yeah, I think he should resign.”

***

The problem is that Roberts’s interpretation is not fairly, or even remotely, possible. If the law had been written in the Roberts version — as a regressive federal tax on the uninsured — there is no chance it would have passed Congress. More to the point, the law that Roberts describes would have covered a different number of the uninsured. Academic studies indicate that people respond differently to tax penalties than they do the legal mandates. “When the imperative to buy insurance,” notes Yuval Levin, “is instead presented as a choice between two options, more people will likely choose the cheaper option (which, for almost everyone, will be paying the tax rather than buying the coverage).”

Why did Roberts not account for this policy distinction? The most natural interpretation is that he didn’t know anything about it. Which is precisely the point. Roberts is not a health policy expert. His clever reinterpretation of the health law would actually change its outcome. This is not an alternate reading but an alternate universe.

***

Chief Justice John Roberts, a good man who apparently thought he was doing the right thing, is increasingly taking on the character of a lone figure from classical Greek tragedy. If one collates all the news reports, rumors, and scuttlebutt, and if they are mostly credible, one learns of his tortured switch. It was perhaps prompted by a genuine desire to mitigate the Court’s “partisan” reputation, or to establish Roberts in the long tradition of a Warren or Souter, as a jurist who “evolved” on the Court in a fashion that pleases the influential in Washington and New York—or both. (And indeed, those who were vilifying him before the verdict were the first to heap praise on his judicial statesmanship—at least for now.) The tragedy is that, as the story comes out, the reputation of the Court will sink not rise, as—fairly or not—it appears overly sensitive to public opinion and liable to capitulate to such pressures in mediis rebus.

Roberts, who wanted to cement his reputation as a sober and judicious jurist, through his Hamlet-like deliberations ended up seeming incoherent, tentative, and unsure of himself. And if it’s true that rumors of Roberts reconsidering his vote swirled in Washington prior to the final outcome, and that such perceptions of hesitation prompted renewed venom and pressure — from not just the media, but from those such as Senator Leahy (who had voted to confirm Roberts) on the floors of Congress, and the president himself (who attacked the Court even earlier in his State of the Union address) — then the Court comes off as far more suspect after the opinion than before. Everything Roberts wished to prevent he ensured.

***


***



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CJ Judas Roberts…

OmahaConservative on July 2, 2012 at 10:42 PM

I. Am. So. SICK. Of. Seeing. That. Bestards. Mug. Posted. On. HA.

annoyinglittletwerp on July 2, 2012 at 10:42 PM

…Ruth Bader Roberts!

KOOLAID2 on July 2, 2012 at 10:42 PM

Another smirking Roberts. Yuck.

SparkPlug on July 2, 2012 at 10:43 PM

Having seen that smile a thousand times now, I’m beginning to suspect Mr. Roberts has wooden teeth…

:P

Ladysmith CulchaVulcha on July 2, 2012 at 10:43 PM

I predict Roberts will retire before the election and the GOP in the Senate will roll over and let Barackabama replace him.

SouthernGent on July 2, 2012 at 10:43 PM

Meh

ted c on July 2, 2012 at 10:45 PM

There was one Red Coat in the closet….

Chief has first dibs…

Electrongod on July 2, 2012 at 10:45 PM

Eh, why’s there so much consternation about this? It’s not as if GWB governed as a conservative in any other way, so I’d say hitting a 50% success rate appointing conservative justices actually qualifies as outperforming.

Inkblots on July 2, 2012 at 10:46 PM

The most important question now is would Roberts join the liberal side of the court on the majority of future cases? If he does then we are in for a disaster, the man would be at the bench for at least 20 years… I hope that this would not be the case…

mnjg on July 2, 2012 at 10:46 PM

Having seen that smile a thousand times now, I’m beginning to suspect Mr. Roberts has wooden teeth…

:P

Ladysmith CulchaVulcha on July 2, 2012 at 10:43 PM

I lost a cherry tree this year…….

Electrongod on July 2, 2012 at 10:47 PM

I lost a cherry tree this year…….

Electrongod on July 2, 2012 at 10:47 PM

That is wrong…
The framers never met..
Botox..

Electrongod on July 2, 2012 at 10:49 PM

I. Am. So. SICK. Of. Seeing. That. Bestards. Mug. Posted. On. HA.

annoyinglittletwerp on July 2, 2012 at 10:42 PM

**** eating grin.

BoxHead1 on July 2, 2012 at 10:50 PM

This whole affair makes me sick to my stomach……Roberts is a Biblical disgrace.

David in ATL on July 2, 2012 at 10:50 PM

CJ Judas Roberts…

OmahaConservative on July 2, 2012 at 10:42 PM

..what’s absolutely tragic are the stories coming out not about the dissembling and dealing that went on behind this decision. It appears that this august body is headed up by nothing more than an unprincipled hack who cobbled together some flimsy pretense to see that the ACA was not overturned.

Haunting is the intrigue behind this decision and even more haunting is the admonition that Roberts issued in his riling that he will not others’ dirty work for them.

As before, in 1776 and now, it’s left up to us.

NOVEMBER 6th: OUR TURN!

The War Planner on July 2, 2012 at 10:50 PM

stories coming out not about the dissembling and dealing that went on behind this decision.

*sigh*

The War Planner on July 2, 2012 at 10:51 PM

I. Am. So. SICK. Of. Seeing. That. Bestards. Mug. Posted. On. HA.

annoyinglittletwerp on July 2, 2012 at 10:42 PM

Lolz. Me too. He is a smarmy Traitor.

SparkPlug on July 2, 2012 at 10:51 PM

What’s past is past. Stay on message.

Bmore on July 2, 2012 at 10:52 PM

Yes. If he changed for the politics he should resign. Conservatives don’t need a wimp leading the court.

earlgrey133 on July 2, 2012 at 10:52 PM

What’s that old saying? Oh yeah, “if you want something done right then you need to do it yourself.” After the Supreme Court didn’t do it right there it sits needing done right. The question is will we do it right by getting those into office that will kill it this time.
We need to take a silver bullet, wooden stake and the Highlander’s sword to the undying OTaxaCare and finish it off.

chemman on July 2, 2012 at 10:52 PM

that Roberts issued in his riling ruling that he will not others’ dirty work for them.

*double sigh*

The War Planner on July 2, 2012 at 10:52 PM

The law doesn’t even make sense with his interpretation! Surely there has to be some mechanism in the government to account for a wild ruling from the judiciary like this.

I used to think Jefferson was nuts about his idea of restricting the court because I thought that would increase the power of the other two houses but… golly, I finally understand what he was talking about!

Skywise on July 2, 2012 at 10:52 PM

Our ballots will be our weapons. it’s time for a Tea Party!
November 6th is OUR Time, people.

kingsjester on July 2, 2012 at 10:54 PM

The most important question now is would Roberts join the liberal side of the court on the majority of future cases? If he does then we are in for a disaster, the man would be at the bench for at least 20 years… I hope that this would not be the case…

mnjg on July 2, 2012 at 10:46 PM

Can you spell Earl “flexible” Warren? We be in big twubbow.

arnold ziffel on July 2, 2012 at 10:54 PM

NOVEMBER 6th: OUR TURN!

The War Planner on July 2, 2012 at 10:50 PM

My Obama voting wife told me a few months ago..
She was not voting this year.. *she hates Obama..Hope and Change in all*
*doesn’t like Romney*

After the SC ruling…..

She has marked November on the calendar….

Electrongod on July 2, 2012 at 10:54 PM

I lost a cherry tree this year…….

Electrongod on July 2, 2012 at 10:47 PM

Mr. Roberts decrees that you pay the “Axe Tax”.

;)

Ladysmith CulchaVulcha on July 2, 2012 at 10:54 PM

The War Planner on July 2, 2012 at 10:52 PM

I understood what you were saying before the corrections. I quit correcting my typos…

OmahaConservative on July 2, 2012 at 10:54 PM

NOVEMBER 6th: OUR TURN!

The War Planner on July 2, 2012 at 10:50 PM

That is step one. Then we need the politicians to understand that hostile town halls won’t be all they will be facing if the don’t kill OTaxaCare.

chemman on July 2, 2012 at 10:54 PM

So AP, how was the TSA experience ?

burrata on July 2, 2012 at 10:55 PM

5 QOTD threads in a row on the same issue?

Going for some kind of record?

Flora Duh on July 2, 2012 at 10:56 PM

;)

Ladysmith CulchaVulcha on July 2, 2012 at 10:54 PM

Freck!!

I knew that axe was the death of me

;)

Ladysmith CulchaVulcha on July 2, 2012 at 10:54 PM

Freck!!

I knew that axe was the death of me

Electrongod on July 2, 2012 at 10:56 PM

There’s no upside to Roberts’ decision. Even if we succeed in calling it a “Tax” people won’t feel the sting of it until after the election. Emperor Husein’s daily tracking poll at Gallup has him 5 points ahead of Romney.

We got some work to do. America will not survive 4 more years of Emperor Husein.

NickDeringer on July 2, 2012 at 10:56 PM

CJ Roberts needs to acknowledge that he made a mistake and resign. Oh wait…. expecting someone in D.C. to take responsibility and do the right thing, my mistake.

Mirimichi on July 2, 2012 at 10:56 PM

In the wake of Chief Justice John Roberts’ stunning about-face in the Obamacare case, conservatives who follow judicial issues are asking themselves: Did we ever really know Roberts? Did we get him wrong?…

“His ideological opinions he certainly kept to himself,” says one of those former Senate aides. “He was a blank slate because he had represented so many different sides,” says the other.

… and that pretty much provides example number 4096 of why the GOP deserves the title, “The Stupid Party”.

Yeah, let’s find somebody about whose judicial philosophy we know very little, that way the Democrats will let us nominate him without a whole lot of fuss. It worked so well with Souter, why not go with another one like him?

/gads our party is stupid

AZfederalist on July 2, 2012 at 10:57 PM

So much for cut and past…

Bastardized my last post….

Electrongod on July 2, 2012 at 10:57 PM

Instead of putting up a picture of Smirkey, how ’bout a picture of Perky instead?

Debbie Wasserman Schultz.

Just may make fewer people want to hurl.

TimBuk3 on July 2, 2012 at 10:57 PM

Tin foil hat on.
I wonder if the bill they passed that made it illegal to get to close to a politician was because they don’t want to face the Roski effect (being chased down the street by angry citizens) when they stab us in the back over OTaxaCare.
Tin foil hat off.

chemman on July 2, 2012 at 10:57 PM

Electrongod on July 2, 2012 at 10:56 PM

Axe me no questions;
I’ll tell you no lies…

:P

Ladysmith CulchaVulcha on July 2, 2012 at 10:59 PM

That is step one. Then we need the politicians to understand that hostile town halls won’t be all they will be facing if the don’t kill OTaxaCare.

chemman on July 2, 2012 at 10:54 PM

That’s right – they’ll need to contend with strongly worded letters.

Maybe I’m just a pessimist, but I think we’re stuck with O-care for the duration, now. It will no more be repealed than any other entitlement, fro SS to Medicare part D.

And it will only end when all the other entitlements do: when the entire welfare state collapses in a bond crisis. Too bad it will take our entire economy down with it.

Inkblots on July 2, 2012 at 10:59 PM

What a difference a week makes. A week ago I had hope and now it truly does come down to one final opportunity to kill the beast.

hillsoftx on July 2, 2012 at 11:00 PM

I wish a pox on that smarmy Judas Traitor Rat Bastid Fredo Benedict Arnold’s house.

SparkPlug on July 2, 2012 at 11:00 PM

Ladysmith CulchaVulcha on July 2, 2012 at 10:59 PM

Very clever…

:)

Electrongod on July 2, 2012 at 11:01 PM

Electrongod on July 2, 2012 at 10:54 PM

My wife who is not a progressive but doesn’t like Romney and and wasn’t going to vote for him likewise told me she was rethinking her position.

chemman on July 2, 2012 at 11:02 PM

I. Am. So. SICK. Of. Seeing. That. Bestards. Mug. Posted. On. HA.

annoyinglittletwerp on July 2, 2012 at 10:42 PM

Sing it sister! I have absolutely HAD it with the whole topic. The horse is beyond dead…no need to keep beating it, people!

Nikkia2112 on July 2, 2012 at 11:02 PM

..what’s absolutely tragic are the stories coming out not about the dissembling and dealing that went on behind this decision. It appears that this august body is headed up by nothing more than an unprincipled hack who cobbled together some flimsy pretense to see that the ACA was not overturned.

What puzzles me is why he went to this extent. He could have just sided with the other 4 commies and been done with it. Instead, he went beyond the commies and invented a brand new power for the federal government that essentially has bestowed unlimited power upon Congress to do whatever it wants to do as long as failure to comply is accompanied by a penalty that is called a tax and whatever the Congress wants to do is totally OK with respect to being constitutional. Trying to be even more liberal than the libs?

As before, in 1776 and now, it’s left up to us.

NOVEMBER 6th: OUR TURN!

The War Planner on July 2, 2012 at 10:50 PM

.. and hopefully it will be settled in November. If not, the Republic as a federation of 50 states is over. Either that, or in our desire to be peacable, we roll over for the coming tyranny.

AZfederalist on July 2, 2012 at 11:04 PM

I wonder how Chief Justice Roberts will rule in the upcoming Affirmative Action, and Gay Marriage cases. It will be interesting to see not just what side he’ll come down on, but who will be singing his praises or cursing his name then.

Ladysmith CulchaVulcha on July 2, 2012 at 11:04 PM

Roberts is not the first one to realize that it pays being in the Dem boat.

He without benefit of scruples
His fun and money soon quadruples.

Ogden Nash

Archivarix on July 2, 2012 at 11:04 PM

Inkblots on July 2, 2012 at 10:59 PM

I’m thinking more like the Roski effect.

chemman on July 2, 2012 at 11:04 PM

Does anyone have a rough guess of how many of Roberts’ previous decisions were considered non-Conservative ones – what was his Conservative Rulings batting average before last week?

Bizarro No. 1 on July 2, 2012 at 11:05 PM

that Roberts issued in his riling ruling that he will not do others’ dirty work for them.
*double sigh*

The War Planner on July 2, 2012 at 10:52 PM

Triple sigh?

Barred on July 2, 2012 at 11:05 PM

That is what Roberts did last week. He decided he wanted to uphold Obamacare and rewrote the statute to fit that outcome.

What Benedict Roberts did was so much worse than this. He didn’t merely rewrite the statute; he also totally redefined the word “tax” all on his own, too, destroying our governing language in the process and forever perverting the foundation of our nation, whose birth was sparked by a revo1t against “taxes”.

ThePrimordialOrderedPair on July 2, 2012 at 11:06 PM

I am not tired of Roberts Threads. We need to pound him into the ground for about 10 years. Mock him 24/7.

SparkPlug on July 2, 2012 at 11:06 PM

I wonder how Chief Justice Roberts will rule in the upcoming Affirmative Action, and Gay Marriage cases. It will be interesting to see not just what side he’ll come down on, but who will be singing his praises or cursing his name then.

Ladysmith CulchaVulcha on July 2, 2012 at 11:04 PM

Hopefully he won’t be driven further into the arms of the liberal Elites by the vocal anger of the Conservatives.

txmomof6 on July 2, 2012 at 11:07 PM

What Benedict Roberts did was so much worse than this. He didn’t merely rewrite the statute; he also totally redefined the word “tax” all on his own, too, destroying our governing language in the process and forever perverting the foundation of our nation, whose birth was sparked by a revo1t against “taxes”.

ThePrimordialOrderedPair on July 2, 2012 at 11:06 PM

Wow. That was brilliant. Kudos to you.

SparkPlug on July 2, 2012 at 11:08 PM

Sorry, I aint down with the sickness.

I am not going to give up..that is what they want-to beat us down. All is lost..don’t fight. I will not submit. Fight with all you have.

bazil9 on July 2, 2012 at 11:08 PM

Does anyone have a rough guess of how many of Roberts’ previous decisions were considered non-Conservative ones – what was his Conservative Rulings batting average before last week?

Bizarro No. 1 on July 2, 2012 at 11:05 PM

The Citizens United case was reaffirmed last week in the Montana case to name one off the top of my head.

txmomof6 on July 2, 2012 at 11:08 PM

I. Am. So. SICK. Of. Seeing. That. Bestards. Mug. Posted. On. HA.

annoyinglittletwerp on July 2, 2012 at 10:42 PM

Sing it sister! I have absolutely HAD it with the whole topic. The horse is beyond dead…no need to keep beating it, people!

Nikkia2112 on July 2, 2012 at 11:02 PM

Double ditto to both of you.

Time to start talking about how to bring this thing down at the ballot box. He ruled – it sucked – now we shift gears.

gophergirl on July 2, 2012 at 11:09 PM

Hopefully he won’t be driven further into the arms of the liberal Elites by the vocal anger of the Conservatives.

txmomof6 on July 2, 2012 at 11:07 PM

Well, that would make him exactly the coward his most ardent detractors charge he is.

Ladysmith CulchaVulcha on July 2, 2012 at 11:10 PM

What puzzles me is why he went to this extent. He could have just sided with the other 4 commies and been done with it. Instead, he went beyond the commies and invented a brand new power for the federal government that essentially has bestowed unlimited power upon Congress to do whatever it wants to do as long as failure to comply is accompanied by a penalty that is called a tax and whatever the Congress wants to do is totally OK with respect to being constitutional. Trying to be even more liberal than the libs?

AZfederalist on July 2, 2012 at 11:04 PM

Considering all of the BS tax credits/deductions out here already in legal existence, which in effect penalize/reward activities and/or non-activities, depending on the category, I find that conclusion to be hysterical hyperbole…

Bizarro No. 1 on July 2, 2012 at 11:10 PM

bazil9 on July 2, 2012 at 11:08 PM

You are right. They want us to feel hopeless and give up. We will pull a psy-op on them and never give in. Stay angry and take action.

SparkPlug on July 2, 2012 at 11:11 PM

Well, that would make him exactly the coward his most ardent detractors charge he is.

Ladysmith CulchaVulcha on July 2, 2012 at 11:10 PM

Yes, that is why I said hopefully he won’t do that.

txmomof6 on July 2, 2012 at 11:11 PM

ThePrimordialOrderedPair on July 2, 2012 at 11:06 PM

Our governing language was destroyed long ago. Robert’s just is another in a long line that went through the open gate provided for him. We’ve had perversions of the Welfare Clause, perversions of the commerce clause and just plain perversion of what words in the Bill of Rights means over the last 100 years. So while I am sympathetic to your point the barn door was left open long ago and that horse is a few states over.

chemman on July 2, 2012 at 11:12 PM

If tbere is a single word about insurance on my tax return papers I won’t file. I’ll live with the consequences.

wolly4321 on July 2, 2012 at 11:12 PM

You are right. They want us to feel hopeless and give up. We will pull a psy-op on them and never give in. Stay angry and take action.

SparkPlug on July 2, 2012 at 11:11 PM

Yes, and I for one will not submit.

Btw..good to see u sparks.

bazil9 on July 2, 2012 at 11:14 PM

The states should file a new suit entitled Roberts v. U.S. Constitution that challenges the constitutionality of a “tax” that is not written in law, is levied at the whim of the HHS Secretary, is designed not to raise revenue, and is merely intended as a workaround to regulate an activity that is not one of Congress’s enumerated powers.

pedestrian on July 2, 2012 at 11:14 PM

Agreed. Please stop posting his ferret faced Frank Burns looking mug ever again. From now on please address this dishonorable db only as he whose name shall not be spoken………

DeweyWins on July 2, 2012 at 11:14 PM

Does anyone have a rough guess of how many of Roberts’ previous decisions were considered non-Conservative ones – what was his Conservative Rulings batting average before last week?

Bizarro No. 1 on July 2, 2012 at 11:05 PM

He did what he did to keep climbing up the ladder in his carrer.
Now he has nowhere to go !
I’m really worried about what he will do in the future because he is unelected, unaccountable and appointed for life .
As we all know, the first thing that has to die for a dictatorship to live is the justice system of that country .
Juanita Roberto did just that on Thursday

burrata on July 2, 2012 at 11:15 PM

Does anyone have a rough guess of how many of Roberts’ previous decisions were considered non-Conservative ones – what was his Conservative Rulings batting average before last week?

Bizarro No. 1 on July 2, 2012 at 11:05 PM

Yeah and while we’re researching that let’s find out what Benedict Arnold did before that last mistake.

Rio Linda Refugee on July 2, 2012 at 11:15 PM

Time to start talking about how to bring this thing down at the ballot box. He ruled – it sucked – now we shift gears.

gophergirl on July 2, 2012 at 11:09 PM

But it’s so much more productive and uplifting to rehash the same arguments that’s been rehashed over and over and over for the past 5 days. /

Flora Duh on July 2, 2012 at 11:16 PM

Roberts is a pretty good looking guy. Keep the pictures.

southernms on July 2, 2012 at 11:17 PM

I am not tired of Roberts Threads. We need to pound him into the ground for about 10 years. Mock him 24/7.

SparkPlug on July 2, 2012 at 11:06 PM

The only threads I am tired of are the ones that claim that Roberts is some kind of genius that trashed the Constitution for a few magic beans in November.

pedestrian on July 2, 2012 at 11:17 PM

SouthernGent on July 2, 2012 at 10:43 PM

I’m not that mad at him. If he can be swayed by nagging, we’ll just nag louder, until we get a more dependable member.

Cindy Munford on July 2, 2012 at 11:17 PM

But it’s so much more productive and uplifting to rehash the same arguments that’s been rehashed over and over and over for the past 5 days. /

Flora Duh on July 2, 2012 at 11:16 PM

This is worse than Hot Air – the Herman Cain scandal edition.

gophergirl on July 2, 2012 at 11:17 PM

Sorry, I aint down with the sickness.

I am not going to give up..that is what they want-to beat us down. All is lost..don’t fight. I will not submit. Fight with all you have.

bazil9 on July 2, 2012 at 11:08 PM

Yeah, I’m done, on to the next. Fireworks and such. ; )

Bmore on July 2, 2012 at 11:17 PM

SparkPlug on July 2, 2012 at 11:06 PM

Now if only he was ready the threads.

Cindy Munford on July 2, 2012 at 11:18 PM

Hopefully he won’t be driven further into the arms of the liberal Elites by the vocal anger of the Conservatives.
txmomof6 on July 2, 2012 at 11:07 PM

LOL. Oh, not only has he no scruples but he’s petulant as well.

Cleombrotus on July 2, 2012 at 11:18 PM

PrimordialPair- your post have been stellar.

wolly4321 on July 2, 2012 at 11:19 PM

Flora Duh on July 2, 2012 at 11:16 PM

Slow news week, everybody is on vacation.

Cindy Munford on July 2, 2012 at 11:19 PM

Yeah and while we’re researching that let’s find out what Benedict Arnold did before that last mistake.

Rio Linda Refugee on July 2, 2012 at 11:15 PM

Hey he did some really important stuff. Man won the battle of Saratoga, after all.

Inkblots on July 2, 2012 at 11:19 PM

What do Barack Obama and John Roberts have in common other than the fact that they both went to Harvard Law School?

They both took an oath to defend the Constitution and both have broken it.

One easy example for each:

Obama: Made recess appointments when the Senate could not possibly have been in recess pursuant to Article I, Section 9, the Appointments Clause, of the Constitution.

Roberts: Created a “tax” unlike the four permitted by Constitution (capitation, excise, income,and tariff). Further, all taxes must originate as bills in the House of Representatives. The penalty for not having insurance was, originally, a “tax.” Pointedly, the Democrats revised the language and created a “penalty” — by name — instead. Roberts took it upon himself, using his legal divining rod, to “read into the law” what he believes the Democrats really had in mind and rewrote a law and a tax law at that.

Capitation: Direct tax on a person or property, but must be apportioned amongst the states under the US Constitution.

Excise: A tax triggered by a “taxable event” like a death or sale.

Income: A tax on income.

Tariff: A duty on imports and exports imposed by the government.

In National Federation of Independent Business v Sebelius, the Court held that a “penalty” directly imposed upon individuals for failure to possess health insurance, though a tax for constitutional purposes, is not a direct tax. The Court reasoned that the tax is not a capitation because not everyone will be required to pay it nor is it a tax on property, rather “it is triggered by specific circumstances.”

It’s not a direct tax per the Court and it’s not an excise tax, income tax or tariff. So, what is it?

Shrub’s Warren’s “hocus-pocus tax” is the equivalent of the Warren Court’s discovery of a right to privacy in Griswold v Connecticut.

Resist We Much on July 2, 2012 at 11:19 PM

This is worse than Hot Air – the Herman Cain scandal edition.

gophergirl on July 2, 2012 at 11:17 PM

I made the same observation last night.

Flora Duh on July 2, 2012 at 11:20 PM

wolly4321 on July 2, 2012 at 11:12 PM

There is and will be. Your W2 will reflect it.
You will eventually be taxed if you do not have a plan that meets their guidelines. Period and end of story.
Your employer if they offered a employer sponsored plan is having to include it on your W2. If you don’t have a plan by an employer..you must submit it your self at tax time. You get it no matter what.

bazil9 on July 2, 2012 at 11:20 PM

Yeah and while we’re researching that let’s find out what Benedict Arnold did before that last mistake.

Rio Linda Refugee on July 2, 2012 at 11:15 PM

In other words, you don’t have an answer.

Which Justice would you give a 1.000 BA when it comes to choosing the Conservative position? Scalia? Thomas? You willing to go over their records, and obsess over their imperfections like you’re doing with Roberts?

Bizarro No. 1 on July 2, 2012 at 11:20 PM

Has Dubya got an opinion about his boy? Rove? Cheney? Condi?

Buddahpundit on July 2, 2012 at 11:21 PM

If tbere is a single word about insurance on my tax return papers I won’t file. I’ll live with the consequences.
wolly4321 on July 2, 2012 at 11:12 PM

I know it’s a fantasy but imagine if at least 1,000,000 of us did this. And sent Gadsden flags instead of our returns.

Cleombrotus on July 2, 2012 at 11:22 PM

Sing it sister! I have absolutely HAD it with the whole topic. The horse is beyond dead…no need to keep beating it, people!

Nikkia2112 on July 2, 2012 at 11:02 PM

The answer isn’t to try our best to forget about it, the answer is to get mad. The answer is to demand that the people responsible for Obamacare pay a price and are not elected to public office. The answer for those of us that oppose Obamnacare is to vote for Gary Johnson.

FloatingRock on July 2, 2012 at 11:22 PM

Liberal “logic”:

All citizens must be insured.

But…you don’t have to prove you’re a citizen.

itsnotaboutme on July 2, 2012 at 11:22 PM

Bmore on July 2, 2012 at 11:17 PM

Enjoy my brother. :)

bazil9 on July 2, 2012 at 11:22 PM

LOL. Oh, not only has he no scruples but he’s petulant as well.

Cleombrotus on July 2, 2012 at 11:18 PM

That seems to be the consensus of most of the folks on these threads instead of focusing on what we can do to right our ship.

txmomof6 on July 2, 2012 at 11:23 PM

As before, in 1776 and now, it’s left up to us.

NOVEMBER 6th: OUR TURN!

The War Planner on July 2, 2012 at 10:50 PM

Because they voted King George out of office in 1776? I don’t think that’s how it worked, bub.

Agreed. Please stop posting his ferret faced Frank Burns looking mug ever again.

DeweyWins on July 2, 2012 at 11:14 PM

LOL, spot on.

Midas on July 2, 2012 at 11:24 PM

Sorry, I aint down with the sickness.

bazil9 on July 2, 2012 at 11:08 PM

Get up. C’mon, get down with the sickness

BoxHead1 on July 2, 2012 at 11:24 PM

Yeah and while we’re researching that let’s find out what Benedict Arnold did before that last mistake.

Rio Linda Refugee on July 2, 2012 at 11:15 PM

In other words, you don’t have an answer.

Bizarro No. 1 on July 2, 2012 at 11:20 PM

The answer is that Roberts broke his oath to uphold the constitution, and no amount of past glory alters that offense in the slightest. There is no quantity of brownie points that can make up for what he did.

sharrukin on July 2, 2012 at 11:25 PM

and obsess over their imperfections like you’re doing with Roberts?

Bizarro No. 1 on July 2, 2012 at 11:20 PM

No one bats 1.000 and the only one obsessing over anything is you. You seem to think that people shouldn’t be disappointed by Roberts’ ruling and blow off a little steam. You’re a tired act.

Rio Linda Refugee on July 2, 2012 at 11:25 PM

FloatingRock on July 2, 2012 at 11:22 PM

Who the hell is Gary Johnson?

OmahaConservative on July 2, 2012 at 11:26 PM

I have to decided to vote for Gary Johnson- I got my entire state to agree. Woot! FR- ready to stop your lame broken record? *skip*skip*skip

bazil9 on July 2, 2012 at 11:26 PM

Conservatives have been losing since the New Deal, and America has been winning. Nothing much has changed for them since then.
We won Civil Rights Act, Social Security, Medicare, Medicaid, Labor rights, Roe vs. Wade, and now Universal healthcare for the American people.
I can’t think of a single successful Conservative initiative or legislation that benefited the American people, not ONE!!

Salahuddin on July 2, 2012 at 11:26 PM

Enjoy my brother. :)

bazil9 on July 2, 2012 at 11:22 PM

Some of these folks need something to cheer them up. Tough reading these comments the last couple of days.

Bmore on July 2, 2012 at 11:26 PM

The more I think about it the more Roberts reminds me of one of those serial killers who puts lipstick and all manner of makeup on dead bodies.

Doctor Fraudbert Iscariot Victor Robertstein, “It’s alive! It’s alive!”

VorDaj on July 2, 2012 at 11:26 PM

He did what he did to keep climbing up the ladder in his carrer.
Now he has nowhere to go !
I’m really worried about what he will do in the future because he is unelected, unaccountable and appointed for life .
As we all know, the first thing that has to die for a dictatorship to live is the justice system of that country .
Juanita Roberto did just that on Thursday

burrata on July 2, 2012 at 11:15 PM

How do you know exactly why he ruled how he did? Are you God?

What do you believe it says about you that you’re so willing to assign the worst of motives to him w/o being able to prove your contention beyond a reasonable doubt?

Bizarro No. 1 on July 2, 2012 at 11:26 PM

Your employer if they offered a employer sponsored plan is having to include it on your W2. If you don’t have a plan by an employer..you must submit it your self at tax time. You get it no matter what.

bazil9 on July 2, 2012 at 11:20 PM

And if your employer plan is better than their bronze plan, you will be taxed on the extra cost….just wait

Barred on July 2, 2012 at 11:27 PM

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