I know I'm a couple days late on this, and I'm sure others have commented on the same topic. This is the first of at least two posts (and maybe more) I will be writing on the subject.
Chief Justice John Roberts' Obamacare ruling, and it is his ruling, could very well have handed Republicans control of the federal government beginning on January 20, 2013. Now that Roberts agreed with President Obama's Solicitor General that the mandate is a TAX, he exposed Obama and every other Democrat who voted for Obamacare as con artists. Spin it as they like, Democrats have no recourse but to either acknowledge it's a tax on those who make less than $200,000 per year, the poor and middle class, or to lie about it, which has already started. That's on top of every other tax that will be added as part of Obamacare. And Republicans need to hammer this home every minute of every hour of every day until Election Day, 2012.
Now, as far as the ruling itself, I think its a travesty.
Roberts' ruling, to me, is one of two things: it is either one of the weakest attempts at judicial activism I've ever seen, or it is a brilliantly nuanced conservative ruling that makes the liberals on the Court, Obama, and the remaining Democrats in Congress the biggest suckers on the planet. Let me explain the latter. Along with the other conservatives on the Court, which in this case includes Justice Anthony Kennedy, Roberts threw out the Commerce Clause reasoning the Obama regime used to sell this Obamacare crap to the American people. Now, Obama and the Democrats have to justify raising everyone's, and I do mean everyone's, taxes, including on those people who Obama and the Democrats claim to want to protect. It was always a lie, and now Obamacare has exposed these Democrat miscreants as having passed the BIG LIE. By using the Taxation Clause, Roberts completely undercut the liberals. In addition, the ruling makes plain that elections have consequences, that the people have the power to direct the course of the nation and the states they live in.
That's one view. But it's not the real view as I see it. The Taxation Clause reasoning Roberts used is ridiculously weak and ultimately very dangerous. The dissent joined by Justices Scalia, Kennedy, Thomas, and Alito has it absolutely right that Obamacare is unconstitutional and should have been struck down in toto. Now, the federal government can impose its will upon the people and call it a tax. Conservatives may have won the rhetorical victory regarding the Commerce Clause, but that won't help as we shell out more and more dough to pay for the Obamacare abomination, or any other unconstitutional, redistributive policy the Obama regime can dream up, especially if he wins a second term. Worse, Obama, Democrats in Congress, Chief Justice Roberts, and the Supreme Court liberals just criminalized inactivity in a worse way than if Obamacare had been deemed constitutional by the Court via the Commerce Clause. The long term implications of this are not good.
If there is a silver lining, its the exposure to the general public of Obama and the Democrats as liars and charlatans. Another potential silver lining is the Roberts ruling for Obamacare; the Taxation Clause is so weak it isn't difficult to see it overturned within a few years. But it requires Obama being thrown out of office this November.
We have a lot of work ahead of us.
Cross-posted at RedState.
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