By Kasey Jachim
Many Conservatives are calling Chief Justice John Roberts a ‘traitor’ for upholding the individual mandate – the backbone of Obamacare. Unlike many, I was not convinced today would be a slam-dunk victory for conservatives, especially in light of the Court’s immigration decision throwing Arizona under the bus - with the help of Justice Roberts.
Although I am very disappointed, I wonder whether or not there is a method to his apparent ‘madness’. By striking down the individual mandate as unconstitutional via the Commerce Clause, did he just force Obama and the Democrats in Congress to ‘own’ the massive tax hikes soon to be imposed on many middle class Americans? If so, has the Court just given Congress unlimited taxation powers?
“If courts agree that Congress can use its taxing authority to mandate the purchase of health insurance, that decision will have huge ramifications, says Randy Barnett, a professor of constitutional law at Georgetown University Law Center. “If Congress could do this for this reason, [it] could do anything for this reason” as long as it can call the consequence for noncompliance a “penalty.” Congress “could make you have an abortion. They can make you buy a car from [General Motors]. They can make you work in the defense industry,” Barnett adds.” DC Bar
If individuals don’t ‘purchase’ health care, IRS can withhold tax returns and even impose fines and liens on their homes. The Obama administration is going to have massive damage control ahead of them, especially since the President vehemently denied the individual mandate was a tax in a 2009 ABC interview.
According to Eric Erickson in Red State:
“…while Roberts has expanded the taxation power, which I don’t really think is a massive expansion from what it was, Roberts has curtailed the commerce clause as an avenue for Congressional overreach. In so doing, he has affirmed the Democrats are massive taxers. In fact, I would argue that this may prevent future mandates in that no one is going to go around campaigning on new massive tax increases. On the upside, I guess we can tax the hell out of abortion now. Likewise, in a 7 to 2 decision, the Court shows a strong majority still recognize the concept of federalism and the restrains of Congress in forcing states to adhere to the whims of the federal government.”
Most Americans are already aware of the Democrats record of ‘Tax and Spend’. Those on the receiving end love it because most of them do not pay taxes and are the recipients of the spending. The Democrats will face a tougher battle in November and can no longer distance themselves from this Obamanation.
Did Justice Roberts just punt the ball back into the ‘political’ arena and out of the ‘constitutional’ arena? In light of the Court’s decision, Republicans must now decide how to proceed with Obamacare. There are many options floating around – Should they defund it? Repeal it? Repeal and replace it?
Let’s face it, as long as Harry Reid, his minions and Rinos have control of the Senate and there is a Democrat in the White House, none of the above are feasible. The only way we can get out of this mess is to win them both in November. I think Justice Roberts just helped pave the way!
Paybacks are hell and I think Justice Roberts just delivered his. If Obamacare had been overturned by the SC we would have seen a tremendous swelling of support and money for Obama and he would have had the momentum heading into November. Instead WE have the support, money and momentum!
Please let me know what you think…..
- Chief Justice John Roberts’ Judicial Betrayal (thenewamerican.com)
- Judge Napolitano on Justice John Roberts’s Decision: I Don’t Think He Made the Constitutional Decision (foxnewsinsider.com)
- Obama Again Shows Contempt for American Law, Oath of Office (americanclarion.com)