Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts

Thursday, April 4, 2013

BIG STORY: Lawsuit Could Potentially Undo ObamaCare!

Jared Lawthe 9.12 Project – Cross-Posted at True Health Is True Wealth: This is one of the dozens (okay, thousands) of reasons that ObamaCare is unconstitutional, a horrible idea, and why it must be eliminated, rooted out completely, ASAP.

The fact that ObamaCare originated in the U.S. Senate makes it unconstitutional, independent of its thousands of alternative violations of our NATURAL LAW, Constitutionally-guaranteed rights.

You see, when the U.S. Supreme Court ignored the Constitution and ruled ObamaCare legitimate and Constitutional, their reasoning was that ObamaCare penalties and fees were actually taxes.

But any bill that generates revenue for the federal government through taxes MUST NECESSARILY, BY CONSTITUTIONAL MANDATE, ORIGINATE IN THE U.S. House of Representatives!

This has been brought up before, but now a lawsuit is alleging the same.

This is WONDERFUL NEWS!

Here's the story from The Washington Times and The Blaze:

Lawsuit Over Health Care Tax Could Kill ‘ObamaCare’

By Valerie Richardson | Sunday, March 31, 2013

"ObamaCare" looks increasingly inevitable, but one lawsuit making its way through the court system could pull the plug on the sweeping federal health care law.

A challenge filed by the Pacific Legal Foundation contends that the Affordable Care Act is unconstitutional because the bill originated in the Senate, not the House. Under the Origination Clause of the Constitution, all bills raising revenue must begin in the House.
The Supreme Court upheld most provisions of the act in June, but Chief Justice John G. Roberts Jr. took pains in the majority opinion to define ObamaCare as a federal tax, not a mandate. That was when the Sacramento, Calif.-based foundation’s attorneys had their "aha" moment.

"The court there quite explicitly says, 'This is not a law passed under the Commerce Clause; this is just a tax,'" foundation attorney Timothy Sandefur said at a Cato Institute forum on legal challenges to the health care act. "Well, then the Origination Clause ought to apply. The courts should not be out there carving in new exceptions to the Origination Clause.

The Justice Department filed a motion to dismiss the challenge in November, arguing that the high court has considered only eight Origination Clause cases in its history and "has never invalidated an act of Congress on that basis."

The U.S. District Court for the District of Columbia is expected to rule on the Justice Department's motion "any day now," said Pacific Legal Foundation attorney Paul J. Beard.

The challenge citing the Origination Clause isn't the only lawsuit against ObamaCare, but it is the only one that has the potential to wipe out the entire act in one fell swoop. Other claims, notably the freedom-of-religion cases dealing with the birth control requirement, nibble at the fringes but would leave the law largely intact.

In their brief, attorneys for the Justice Department argue that the bill originated as House Resolution 3590, which was then called the Service Members Home Ownership Act. After passing the House, the bill was stripped in a process known as "gut and amend" and replaced entirely with the contents of what became the Patient Protection and Affordable Care Act.

Using H.R. 3590 as a "shell bill" may be inelegant, but it’s not unconstitutional, according to the government motion.

"This commonplace procedure satisfied the Origination Clause," said the brief. "It makes no difference that the Senate amendments to H.R. 3590 were expansive. The Senate may amend a House bill in any way it deems advisable, even by amending it with a total substitute, without running afoul of the Origination Clause."

The brief cites a number of cases in which courts upheld shell bills, but foundation attorneys counter that those rulings involved the Senate substitution of one revenue-raising bill for another.

"Here, by contrast, it is undisputed that H.R. 3590 was not originally a bill for raising revenue," said the Pacific Legal Foundation lawsuit. "Unlike in the prior cases, the Senate’s gut-and-amend procedure made H.R. 3590 for the first time into a bill for raising revenue. The precedents the government cites are therefore inapplicable."

The Justice Department also points out that the court has allowed revenue bills to originate in the Senate if the money raised was incidental to the bill’s mission.

The Affordable Care Act's central purpose is to "improve the nation's health care system," and it fulfills that goal "through a series of interrelated provisions, many, if not most, of which have nothing to do with raising revenue," said the government brief.

Mr. Sandefur disagrees. "What kinds of taxes are not for raising revenue?" he asked.

Legal opinion on the matter is split. Randy Barnett, a Georgetown University Law Center professor, said in an article for the Volokh Conspiracy that, "[I]f any act violates the Origination Clause, it would seem to be the Affordable Care Act."

But Yale Law School professor Jack M. Balkin said the Obama administration has legal precedent on its side, although the lawsuit "may nevertheless become plausible if enough prominent people get behind it and vouch for it."

"And then, perhaps, Chief Justice Roberts, given a second chance, will change his mind — again," Mr. Balkin said in an essay for The Atlantic.

Legal scholars agree on one point: The courts haven’t seen the last of lawsuits against ObamaCare.

"The Supreme Court’s ruling last June was only the end of the beginning as far as ObamaCare litigation is concerned," Cato Institute senior fellow Ilya Shapiro said at the February forum. "The more we read and the more regulations are promulgated, the more constitutional and other defects are found."

Could This Lawsuit Really Kill ‘ObamaCare’?

Apr. 1, 2013 6:34pm Becket Adams

Although it’s widely believed that “ObamaCare” is here to stay, one lawsuit is threatening to undo President Obama’s landmark health care bill.

“A challenge filed by the Pacific Legal Foundation contends that the Affordable Care Act is unconstitutional because the bill originated in the Senate, not the House. Under the Origination Clause of the Constitution, all bills raising revenue must begin in the House,” the Washington Times notes.

You may recall in June 2012 when the Supreme Court ruled on “ObamaCare” that Chief Justice John Roberts defined the bill as a tax, not a mandate. This, according to the Times, is where PFL attorneys saw their opening.

“The court there quite explicitly says, ‘This is not a law passed under the Commerce Clause; this is just a tax,’” foundation attorney Timothy Sandefur said recently. “Well, then the Origination Clause ought to apply. The courts should not be out there carving in new exceptions to the Origination Clause.”

The Times explains the details:

The Justice Department filed a motion to dismiss the challenge in November, arguing that the high court has considered only eight Origination Clause cases in its history and “has never invalidated an act of Congress on that basis.”

The U.S. District Court for the District of Columbia is expected to rule on the Justice Department’s motion “any day now,” said Pacific Legal Foundation attorney Paul J. Beard.

The challenge citing the Origination Clause isn’t the only lawsuit against ObamaCare, but it is the only one that has the potential to wipe out the entire act in one fell swoop. Other claims, notably the freedom-of-religion cases dealing with the birth control requirement, nibble at the fringes but would leave the law largely intact.

In their brief, attorneys for the Justice Department argue that the bill originated as House Resolution 3590, which was then called the Service Members Home Ownership Act. After passing the House, the bill was stripped in a process known as “gut and amend” and replaced entirely with the contents of what became the Patient Protection and Affordable Care Act.

Though unorthodox, the government motion argues that using H.R. 3590 as a “shell bill” is not unconstitutional.

“This commonplace procedure satisfied the Origination Clause,” said the brief. “It makes no difference that the Senate amendments to H.R. 3590 were expansive. The Senate may amend a House bill in any way it deems advisable, even by amending it with a total substitute, without running afoul of the Origination Clause.”
The brief notes several cases where shell bills have been upheld by courts.

“[B]ut foundation attorneys counter that those rulings involved the Senate substitution of one revenue-raising bill for another,” the Times notes.

The DOJ also points out that the court has allowed revenue bills to originate in the Senate provided “the money raised was incidental to the bill’s mission.”

“Here, by contrast, it is undisputed that H.R. 3590 was not originally a bill for raising revenue,” said the Pacific Legal Foundation lawsuit. “Unlike in the prior cases, the Senate’s gut-and-amend procedure made H.R. 3590 for the first time into a bill for raising revenue. The precedents the government cites are therefore inapplicable.”

The point of “ObamaCare” is to “improve the nation’s health care system,” and it does that “through a series of interrelated provisions, many, if not most, of which have nothing to do with raising revenue,” said the government brief.
But Sandefur disagrees.

“What kinds of taxes are not for raising revenue?” he asked.
Although it’s unclear whether PFL’s lawsuit will scuttle the president’s health care law, one thing is certain: “ObamaCare” has at least one more hurdle to clear before final implementation.

Click here to read the full report.

Related:

Fun with ObamaCare

A Healthier Alternative to ObamaCare

Friday, July 6, 2012

Lawyers Have Already Drafted 13,000 Pages of Regulations for New ObamaTax Law

As Team Obama is ‘spinning’ the facts as fast as they can trying to convince everyone that Obama does not believe the mandate is a tax… you really have to start wondering.  First of all the Obama legal defense team used the tax argument while making their case to the Supreme Court.  Plus if you go back to the early versions of the ObamaCare bill, the mandate was written as a tax and then changed to a penalty, to make it more palatable.  And then the Supreme Court upheld the individual mandate by re-writing the bill and calling it a tax.

But the true tell is that Officials have already drafted 13,000 pages of new regulations for the new ObamaTax law.  Imagine that… in only a week? NOT!!!


It’s a lawyer’s dream!  America’s nightmare!

Officials have already drafted 13,000 pages of new regulations for the new ObamaTax law.

FOX News reported:

With the Supreme Court giving President Obama’s new health care law a green light, federal and state officials are turning to implementation of the law — a lengthy and massive undertaking still in its early stages, but already costing money and expanding the government.

The Health and Human Services Department “was given a billion dollars implementation money,” Republican Rep. Denny Rehberg of Montana said. “That money is gone already on additional bureaucrats and IT programs, computerization for the implementation.”

“Oh boy,” Stan Dorn of the Urban Institute said. “HHS has a huge amount of work to do and the states do, too. There will be new health insurance market places in every state in the country, places you can go online, compare health plans.”

The IRS, Health and Human Services and many other agencies will now write thousands of pages of regulations — an effort well under way:

“There’s already 13,000 pages of regulations, and they’re not even done yet,” Rehberg said.

“It’s a delegation of extensive authority from Congress to the Department of Health and Human Services and a lot of boards and commissions and bureaus throughout the bureaucracy,” Matt Spalding of the Heritage Foundation said. “We counted about 180 or so.”

There has been much focus on the mandate that all Americans obtain health insurance, but analysts say that’s just a small part of the law — covering only a few pages out of the law’s 2700.

“The fact of the matter is the mandate is about two percent of the whole piece of the legislation,” Spalding said. “It’s a minor part.”

Much bigger than the mandate itself are the insurance exchanges that will administer $681 billion in subsidies over 10 years, which will require a lot of new federal workers at the IRS and health department.

“They are asking for several hundred new employees,” Dorn said. “You have rules you need to write and you need lawyers, so there are lots of things you need to do when you are standing up a new enterprise.”

For some, though, the bottom line is clear and troubling: The federal government is about to assume massive new powers.

Hat Tip to Gini and Gateway Pundit

Then there’s this…  The Obama Administration has already lined up an army of IRS agents to dole out fear and punishment.

As Valerie Jarrett said on the ObamaCare Tax: “We Will Take It Anyway We Can Get it”

Related:

When is a Tax Not a Tax? When the White House Says So

Obama Lies, Taxes Rise

SCOTUS Obamacare Ruling: The Government Can Now Tax Any Human Activity

The Shock Heard Around the World May Save America

Monday, July 2, 2012

KILLING OBAMACARE BEFORE IT KILLS US – Part 1: The Political Battlefield

Part 1:  The Political Battlefield

By: AJ  -  Hat Tip: MJ

There are two battlefields in the war against Obamacare.  There is the political battlefield which gave us Obamacare and there is a second battlefield where Obamacare can be made moot on a state-by-state basis.

The political battlefield requires us to organize and educate the voting public so that, in November, we can ‘repeal’ the corruptor-crats who support Obamacare and replace them with politicians who will vote to eliminate it in its entirety.

At the same time, the state battlefield must explore viable solutions to kill Obamacare by making it moot – by showing why it is legally not applicable.

This article will discuss the war waged on the political battlefield and part two will cover the state battlefield.

POLITICAL BATTLEFIELD

The lame stream media propaganda machine is in full force and they want people to believe that support for Obamacare is rising.  Check out Yahoo!’s home-page headline three days after the Supreme Court decision, “Ruling Boosts Support for Obamacare”.  When you click on the link, Reuters’ title is, “Ruling ups support for Obama healthcare, still unpopular”.

The truth is, a recent Washington Post and ABC News poll finds that only 26% support Obamacare, and 67% are opposed to either the entire law or the individual mandate (now called a tax by Chief Coward Roberts).

People are organizing and we must articulate the facts, establish the narrative and spread the truth.  FreedomWorks, the Tea Party, 912 groups and others are leading this effort.  Educating everyone - especially our youth and our elderly – is crucial and we only have four months in which to do it.

For example, do our elderly know that in 2014, Obamacare cuts $1.05 Trillion from Medicare over the first 10 years and $4.95 Trillion over the first 20 years?  (i.e. Obamacare destroys Medicare)  Do they know that Obamacare is like the government-run healthcare system in Britain that euthanizes 130,000 elderly people every year?  (i.e. Obamacare leads to euthanasia)  These are important, compelling and simple facts that our elderly need to know.

Another example… do all Americans know that Medicaid already covers the poor and disabled?  Obamacare does not help the poor, but it taxes people who make $9,500 and above.  Politicians use “the poor” as pawns to push their agenda; they count on the ignorance of uninformed Americans.

Perhaps our youth can best understand the funding source of Obamacare by its similarity to the mechanism used for Social Security.  Stated simply, young people are forced to pay into another government system that they’re not using.  It will undoubtedly be bankrupt by the time they need it themselves.  Look at Social Security; it will be completely bankrupt in 25 years according to the CBO.

A September 2011 poll found that 71% of the people believe Social Security has major problems (49%) or is in a state of crisis (22%).  And when 18 to 35 year olds were asked if it is accurate to describe the Social Security system as a “monstrous lie” and a “failure”, 42% agreed – the highest percentage of all age groups.

The narrative for our youth may be quite simple… Obamacare is like Social Security; it forces you to pay into a government system that will surely be bankrupt by the time you really need it.  It is imperative that Americans know that before Obamacare, people had the right to choose whether or not they wanted to spend their money on healthcare; now everyone is forced by the government to spend their money on it.

Young people keep hearing “free healthcare for all” from the lame stream media and they have been dumbed-down enough not to realize they will be forced to pay for this the rest of their lives if Obamacare stands.  And the amount they will be forced to pay far exceeds any expense they may incur for contraceptives.

So we can start spreading the truth right now – today – to inform people and motivate them to register (i.e. activate) and vote against the corrupto-crats who support Obamacare.  We know the legislation contains many tyrannical provisions, such as eliminating our 4th Amendment right to privacy, but providing simple phrases that people can relate to is what may open their minds to help them understand the imminent impact of Obamacare on their lives.

The goal on the political battlefield is to have enough elected officials (in Congress and the Presidency) to repeal Obamacare via reconciliation.  Recall that reconciliation was the method Democrats used to pass Obamacare - before we booted them out of Congress in 2010 for having foisted this job-killing, liberty-ending, economy-collapsing, healthcare-destroying monstrosity onto the American people.  But, as Terresa Monroe-Hamilton correctly points out in her article, “Obama Lies, Taxes Rise”

“I know the Republicans have sworn to repeal Obamacare, but until conservatives control the Senate and House and have taken back the White House, I don’t see it happening. Even then I have grave doubts because I keep hearing “repeal and replace.” What the hell? Just repeal the damn thing and forget replacing it.”…

“Roberts screwed the pooch on this one, now we have to roll up our sleeves and realize that no branch of our government supports us.”

This is why we must also fight this war on the state battlefield.  We must kill Obamacare before it kills us and the war waged on the state battlefield could very well prevent Progressive politicians on both sides of the aisle from ever attempting to take over our healthcare again.

Stay tuned for part two…

Related:

Supreme Court health care ruling: Where states stand

American Thinker: Supreme Court Helps Obama Fulfill Dreams from His Communist Mentor

Roberts switched views to uphold health care law

Obama Lies, Taxes Rise

The Shock Heard Around the World May Save America – Updated

Sunday, July 1, 2012

Obama Lies, Taxes Rise

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The People’s Cube – OBAMACARE: Let’s Celebrate the Sweet Road to Serfdom

By: Terresa Monroe-Hamilton – TheNoisyRoom

The Supreme Court ruling on Obamacare came as a severe shock to me as I am sure it did to all of you. I was literally ill after I heard the decision. It has taken me a couple of days to settle down enough to write on this and I am sure that my take will differ from many of my colleagues who are willing to read into Justice Roberts’ betrayal some sort of Constitutional maneuvering. Even among conservatives at NoisyRoom there is disagreement on this. But that is what makes being free even sweeter. We can each have our own opinions, for now at least.

Let me state that I don’t give a crap whether Roberts was trying to finesse the Constitution or promote his own reputation on the backsides of hard working Americans – he betrayed those he serves. He put himself above Americans and instead of doing his job and acting as legal arbiter in a protective role, he dumped it back on Americans to either sink or swim in a poisonous sea of Obama-crafted regulation. He could have handled the Commerce Clause issue and Obamacare at the same time, but that is not what happened. Roberts did ensure two things though… The first is that he will be remembered as a Progressive coward – that he took the self-serving way out, no matter how many intellectuals try to spin it otherwise. The second is that he has energized the Tea Party and awakened a giant who will surely deliver a mandate in November sending Obama and the other Marxists packing.

Does anyone out there genuinely believe this is what the Founders had envisioned? Passing the largest tax increase in American history that if not stopped, will surely break the back of a once great nation. While putting into place an IRS Gestapo, 16,500 and more strong that will act as a jack booted thuggish arm of the Obama administration. Taxation will be thoroughly (even more than now) weaponized and will be used to punish enemies of the state. Remind you of anyone? Comply or else and everyone is a criminal. How very Atlas Shrugged.

From Rush Limbaugh:

“Obamacare is nothing more than the largest tax increase in the history of the world and the people who were characterizing it as such were right and were telling the truth,” Limbaugh said.

“The Chief Justice of the United States Supreme Court John Roberts said ‘it’s not our job to protect the people from the consequences of their political choices. Not our job.’ Well what about when we are deceived?” he asked.

“The court upheld a law that was not what we were told it would be. What has been upheld here is fraud and the Internal Revenue Service has just become Barack Obama’s domestic army. That is what we face now.”

Video: Rush Reacts To SCOTUS Decision On Obamacare: Largest Tax Increase In The History Of The World

Somewhere between 18 and 22 new taxes will be levied because of this ruling. Some begin next year. I don’t know about you, but we are having trouble making it now and we are already worried about the heavy food inflation we are seeing here. I definitely wonder how we will make it with these new taxes if they come into play. I know the Republicans have sworn to repeal Obamacare, but until conservatives control the Senate and House and have taken back the White House, I don’t see it happening. Even then I have grave doubts because I keep hearing “repeal and replace.” What the hell? Just repeal the damn thing and forget replacing it. Let the free market do its job and keep the government out of it.

I see this whole tax situation akin to the Jizya tax placed on infidels as they do under Shariah law. That is what this feels like. Convert or pay the tax or die. Well, I will not submit. I will fight for this next election to see Romney elected. He wasn’t my first choice and he is Progressive light, but he’s not a communist and I believe he is a moral man. I will fight to help us regain the Senate and expand in the House. It’s life or death and as Paul Ryan said, this November is our last chance. We dare not fail or America as we know and love her is over.

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Obamacare will add $1.15 trillion to the national debt. Americans need to confront that and understand what that means. There is no coming back from that. We are bankrupt and it will finish us off. Forget about a Depression, this will be a financial Armageddon. As a matter of fact, there is an argument to be made that that boat has already sailed because the US now carries a mind numbing $15 trillion in debt and another $65 trillion in unfunded liabilities related to Social Security, Medicare and Medicaid. Obamacare is the final nail in the fiscal coffin of America and Obama knows it. If implemented, Cloward and Piven will succeed so massively not even they could have dreamed of attaining such complete success.

Consider the following:

My opinion is not unique. It is shared by Glenn Beck, Rush Limbaugh and Mark Levin. All of whom I admire and respect. The decision was lawless and unconstitutional. Allen West puts it best:

“The United States Supreme Court has ruled to uphold the Patient Protection and Affordable Care Act by extending the power of the United States Congress to tax Americans’ behavior. This is a sad day for Americans, as they will be taxed to pay for benefits they may not need or want as part of the insurance they are forced to buy. With this decision, Congress has been granted infinite taxation power, and there are no longer any limits on what the federal government can tax its citizens to do.

The Patient Protection and Affordable Care Act will hit the middle class especially hard, as hundreds of thousands of jobs will be lost as businesses try to avoid the penalties and costs created by the healthcare law. The healthcare law will cost trillions of dollars, raise costs for employers and create huge incentives for them to drop health insurance.

Benjamin Franklin did indeed state, ‘In this world, nothing can be said to be certain, except death and taxes.’ However, Dr. Franklin never envisioned the federal government would use its power of taxation to punish people for not purchasing health care. Today, individual sovereignty in America has been defeated.” – Congressman Allen West

This horrific ruling (one in which a 1st grader could have made a more informed constitutional decision than Roberts) will empower the most arrogant man in the world even further. If he is not booted out of office in November, there will be no stopping his ‘change.’ Even then, the damage he will do as a lame duck will be thunderous.

Video:  Barack Obama: The Most Arrogant Man in the World

The power to tax is the power to destroy and so Obamacare will. It will destroy jobs, what’s left of our economy, our sovereignty and our defenses. It will finish off the Constitution. What Obama denied as a tax, is THE tax of all time and those that feel it won’t affect them are dangerously delusional.

Time to fight – time to grow up and get out there and get everyone you know to vote. It’s mandate time. Roberts screwed the pooch on this one, now we have to roll up our sleeves and realize that no branch of our government supports us. We have to make sure this next election is a blow out. Stand up and scream, “I will not comply!” Vote the arrogant bastard out of office and let us begin to heal.

Obama lies, taxes rise…

Video:  Experts on SCOTUS – GBTV

The Roberts’ Supreme Court Ruling Was the Shock Heard Around the World That Just Might Save America If It Woke People Up and Gets Them Involved and Voting on Election Day - November 6, 2012

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Friday, June 29, 2012

The Shock Heard Around the World May Save America – Updated

By Ask Marion

The United States Supreme Court (SCOTUS) may just have fired the second shot this week that should shake every freedom loving American to their core. The temporary silence of the media, both MSM and alternative, was deafening after the Robert’s Court ruling upholding ObamaCare and then upholding the individual mandate as a tax caught everyone by surprise; the White House, the blogosphere, most so-called experts and the liberal mainstream media. Everyone had comments and responses prepared for several anticipated outcomes, but none expected this.

Rumor has it that Roberts received pressure, even threats, from undisclosed sources and caved, some say he moved to the dark side just this past week and some say Roberts has revealed himself to have real concern for the legacy of the Court that bears his name. Many feel that this ObamaCare ruling was the signature for ‘his’ court that he felt he needed.

“The Volokh Conspiracy”: Back in May, there were rumors floating around relevant legal circles that a key vote was taking place, and that Roberts was feeling tremendous pressure from unidentified circles to vote to uphold the mandate. Did Roberts originally vote to invalidate the mandate on commerce clause grounds, and to invalidate the Medicaid expansion, and then decide later to accept the tax argument and essentially rewrite the Medicaid expansion (which, as I noted, citing Jonathan Cohn, was the sleeper issue in this case) to preserve it? If so, was he responding to the heat from President Obama and others, preemptively threatening to delegitimize the Court if it invalidated the ACA? The dissent, along with the surprising way that Roberts chose to uphold both the mandate and the Medicaid expansion, will inevitably feed the rumor mill.

Then there are the speculation that Roberts is a genius, Was Judge Roberts Just Playing Bridge? or as Michael Savage said: Roberts Epilepsy Medication Affects His Cognition and affected this decision?

"Roberts is a genius": Article 1, Section 7 of the U.S. Constitution says to raise revenue (taxes) a bill MUST originate in House of Representatives. This version of ObamaCare originated in the ways and means committee of the Senate! Did the Supreme Court miss that? Or is Justice Roberts sly as a fox?

And then there are those who wonder if the all American boyish looking Chief Justice has crossed over to the dark side, either recently or perhaps he was always a closet Progressive… or worse?

The word "tax" appears 413 times in the SCOTUS’s opinion #fullrepeal If you don't buy health insurance the IRS will take your tax refunds, so good luck with that! Charles Krauthammer said Roberts’ definition of this being a tax was very thin.

Some pondered since this is now a taxation issue, in light of other SCOTUS cases this year on equal protection in tax law, can Obama still give waivers? I would say no!

Palin tweeted: Congress has the power to rescind taxes, I expect them to do this after the recess in July. #Obamatax Later on with Greta Van Susteren on ‘On the Record’ Palin said, “This is a tax on all the people. Chief Justice John Roberts just shown the light on one of the big ObamaCare lies being perpetrated by President Obama, Harry Reid, Nancy Pelosi and HHS Sec Kathleen Sibelius.”

Then there are serious concerns about the precedent now set for other horrific “taxes”, for anything they choose based, on this decision… maybe for breathing will be next? All citizens are now taxed for living here – except of course Muslims who are exempt because their religion doesn’t allow them to buy insurance. The Amish are also exempt. Some have said this is the dhimmitude tax. If you convert to Islam, you won’t have to pay. Some have suggested a new “We are all Muslims now” program; watering down both the effects of radical Islam by infiltration and cutting the funding for ObamaCare based on religious freedom.  US Catholic Church leaders are rejecting the ObamaCare Court Ruling.

This is a complicated decision and will take more than a few hours or even a few days to decipher and study. For those of you wanting to take a shot at it. Here are the links below to the 193 page decision.

28 June 2012

supreme court obamacare opinion .pdf

click here to download 193 page .pdf [776 kb]
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click here to download directly from the supreme court website
or
click here to go to the supreme court 2011 term opinions of the court page and look for:
National Federation of Independent Business v. Sebelius
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www.supremecourt.gov
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After the initial shock of the virtually unconsidered ruling settled in the comments began:

"A Dark Day for American Liberty".....Statement by VA AG Ken Cuccinelli

This is a dark day for the American people, the Constitution, and the rule of law. This is a dark day for American liberty.

This decision goes against the very principle that America has a federal government of limited powers; a principle that the Founding Fathers clearly wrote into the Constitution, the supreme law of the land. The Constitution was meant to restrict the power of government precisely for the purpose of protecting your liberty and mine from the overreaching hand of the federal government.

This unprecedented decision says that Congress has the authority to force citizens to buy private goods or face fines - a power it has never had in American history, and a power King George III and Parliament didn't have over us when we were mere subjects of Great Britain. Since the federal government itself could never articulate to the court a constitutional limit to this power, Congress has gained an unlimited power to force citizens to buy anything.

I am disappointed with the court's ruling and with the unprecedented attack on American liberty the president and the previous Congress have created with this law.

Stay tuned - I will be providing more analysis on this in the coming hours, as well as next steps.

Rush Limbaugh: “There is nothing constitutional about this law (ObamaCare)!” Neal Boortz said, “Here come the death panels! and the doctor’s shortages

Glenn Beck took the extreme step on radio today to actually demonstrate, on a pretend human being, what medicine will look like under Obamacare in the near future. Stu & Pat get a lesson from "Dr." Beck to experience what the challenges of being a "real" doctor are. Warning, the video is fairly graphic.

And longtime D.C. political operative considers today’s Supreme Court ruling on Obamacare a good thing in the fight to defeat Barack Obama in 2012. Here’s why:

The Obamacare ruling is good news for us. Real good news. It’s 2010 all over again now. Swing states will shift over to Romney in most cases. Trust me on this. We’ve done the polling. The data is conclusive on this. It’s a huge tax. We got Obama lying.

Again. The Tea Party movement, which was as real and powerful a political movement as I’ve ever seen in my lifetime, is back in play. That scares the hell out of the Obama White House. You just got a bunch of Dems sweating hard over their re-election. The Republican Party will now be a lot more focused and clearly conservative and that’s exactly what they need to be this time around. We must make the election a clear divide between one side and the other and this Obamacare ruling has forced that to happen.

And the initial reports I’m getting are telling me there was a lot more clever going on inside that decision than the initial reaction will indicate. It’s the Obama Tax now. And states were given an out. The entire law is a big ass convoluted mess and the ruling has reinforced that fact. Obama will have to defend something he doesn’t understand, and Romney can now sit back and just repeat over and over again “repeal-repeal-repeal”.

The giant has woken up. Country needed a hard kick in the ass to remind us what is at stake in November. Now we are truly ready to fight! Read full article: Here

Many including Senator Coburn have Repudiated the Chief Justice: He did Not ‘Enforce the Constitution’ Today, ‘Is On The Wrong Side’ In Ruling. Some have even mentioned the possibility of impeaching Supreme Court Justices, but in reality the chances of that moving forward would be like the impeachment of President Obama himself with the present Congress in place.

This decision was an overall a win for the Obama administration but, there is always a silver lining if you dig deep enough. There are five (actually six) good things about the Supreme Court’s ObamaCare decision: It made taxation the panacea for constitutional questions; The liberal judges inadvertently brought Federalism back; Roberts got the liberals to actually set up a limit on the Commerce Clause; This deflates Occupy Wall Street’s and the Wisconsin protestor types’ biggest cause so Mitt Romney will now have a much easier time defeating Barack Obama… plus Obama now owns this massive regressive tax increase. Plus the decision also allows states to choose ‘not’ to increase their Medicaid rolls if they choose to turn down the new related federal funds and develop their own programs. Former Clinton advisor and author (most recent book: Screwed!), Dick Morris says that might be the biggest win of all. Morris also says this win will ultimately defeat Obama.

Tammy Bruce: This==> Obama Wins the Battle, Roberts Wins the War By Gutting Commerce Clause

Several states have already chosen not to take the so-called new funds or return their ObamaCare grants and ‘not’ to expand their Medicaid programs or develop exchanges, because in the end, after the first year it will cost the states millions… if not more eventually. Alaska is the only state who did not apply for a grant and Florida, Louisiana and New Hampshire quickly returned theirs. Virginia, South Carolina, Texas, Oklahoma, and Kansas are among the list of other states who have or are expected to decline or return their funds and develop their own programs (probably most of the 27 states involved in the Supreme Court case plus Virginia who had their own case will decline the funds ). Between the states who are opting out, businesses who will keep their employee rolls to below 50 or drop their health insurance coverage all together and just pay the fine and individuals who will not purchase insurance until they are sick and need it, funding and the implementation of ObamaCare looks precarious. (But remember ObamaCare does give the IRS the ability to charge you directly by withholding monies due from your tax returns.)

The Supreme Court decision to uphold ObamaCare and the uphold the mandate as a tax leaves small business owners with the same uncertainty that has kept them from expanding and hiring and has caused many more large businesses to move offshore equating to a continued stalemate in the growth of jobs and the U.S. economy, which will both hurt President Obama’s re-election prospects. Small business owners still hope that ObamaCare will be repealed either by Congress or next January if (when) Romney is sworn in as President, but until then they will continue in the same mode of uncertainty they have now operated under for almost 3-years. “Obamacare is bad medicine, it is bad policy, and when I’m President, the bad news of Obamacare will be over”, said Romney after hearing the ruling. He has previously vowed to give all 50 states and U.S. territories waivers the first day of his administration and then focus on repealing it completely.  If Obama is re-elected most small business owners will either choose to drop the medical coverage for their employees and pay the fine (which has always been the goal of the Obama White House to ultimately create a single-payer system) or they will keep their employee total number below 50, using outside contractors to do work instead. Large companies will also hold on until November to see if Romney is elected. But if Obama is re-elected you will see a mass exodus offshore costing the U.S. even more jobs and continuing the downward spiral of the American economy.

And in the end no matter how you look at it, if you ‘really’ look at it, America cannot afford ObamaCare. Socialized medicine is one of the benefits that is killing the European Union and we only have to look as far as Canada to realize that the care is inferior to what we have now. And for anyone who still does not believe that there is an ulterior motive to ObamaCare, amazingly an Obama administration actually found the unsustainable status quo cheaper than Obamacare… but they moved ahead anyway.

So the GOP may look back on today (June 12th 2012)… this week and realize that they owe John Roberts and his court a debt of gratitude for revitalizing the tea party and re-energizing the American Spirit. In the end… the problem is not Chief Justice John Glover Roberts… it is President Barack Hussein Obama and it is the responsibility of the American people through elections to get rid of him and other Progressives in government if he is not what we want and the opportunity to replace both Obama and ObamaCare is only months away. With the new momentum created by the highly unpopular Supreme Court rulings that have come down this week plus the encouragement of the vote to hold AG Eric Holder in contempt, things are looking better than most expected.

The people have certainly already spoken, as reflected in @MittRomney‘s fundraising numbers (in one day) since the SCOTUS ruling came down. THREE AND HALF MILLION DOLLARS and counting in small individual contributions and some 49,000 people are reported to have registered to vote on June 12th 2012.  Seems the court may have awakened a sleeping giant and in the end this unpopular and questionable ruling may just save America.

We now need to replace the word Obamacare with Obamatax

Related:

Beck GBTV Video: Reaction to Court Upholding ObamaCare -  Glenn is encouraging everyone to help spread the word and to get people registered to vote - On "Real News from The Blaze" last night, the panel discussed some of the crass and surprising reactions from Democrats following the Supreme Court's ruling. Will their actions affect the outcome of the coming election? Watch the full segment HERE

Thanks Obamacare: 83% of Doctors Surveyed Say They May Quit

Palin: Thank you, SCOTUS!

Chief Justice Roberts Is a Genius?

Michael Savage: Roberts Epilepsy Medication Affects His Cognition

Krauthammer: Roberts "Concocted This Finesse" To Save Court's Reputation

Supreme Court Upholds Obamacare…

“Death Panel” Three Years Later

Taxation and regulation under the health care Act

Was Judge Roberts Just Playing Bridge?

11TH HOUR? Did Justice Roberts Change His Obamacare Vote At The Eleventh Hour?

Leftist TV Networks Gush Over Chief Justice Roberts: 'The Man of the Hour' Who 'Might Have Saved' the Supreme Court

Senate GOP Will Use Reconciliation in Attempt to Repeal Obamacare

Obamacare ruling: The liberal Apotheosis of John Roberts

Obamacare Has Literally Replaced the Constitution

The Crucifixion of Chief Justice John Glover Roberts

Health-Reform is Constitutional: Here are the Tax Implications (Taxes and more taxes)

What ‘Planned Parenthood’ is to parenthood, Obamacare is to care!

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And remember when the Republican leadership said they would not spike the ball should this decision go there way?  Well as usual the other side is doing just that:

While surfing the Obama campaign’s Twitter this evening, we came across the following:

New Line of T Shirts From Obama Campaign Proclaims Healthcare Still a BFD

Can’t read it? No problem. Let us help you out with this zoomed in version:

New Line of T Shirts From Obama Campaign Proclaims Healthcare Still a BFD

For those who don’t remember, “BFD” stands for “Big F***ing Deal,” which is a reference to a line that Vice President Joe Biden was caught uttering in Obama’s ear while the latter signed Obamacare into law. In other words, the Twitter feed for a sitting President just used an obscenity.

At first we thought this was probably the result of someone at Obama campaign headquarters having one too many celebratory beverages, or possibly the result of the account getting hacked. Unfortunately, not only is it not that, but it’s a deliberate fundraising ploy. The Obama campaign has literally created shirts to the effect of this simple Tweet, and the place to buy them is what the link leads to. Not convinced? Here’s a picture:

New Line of T Shirts From Obama Campaign Proclaims Healthcare Still a BFD

Dignity in victory is apparently a nonexistent concept at Obama campaign headquarters. And apparently this isn’t even the first time they’ve tweeted this exact message, with these exact shirts. Dignity in general may be a foreign concept as well.

H/T Twitchy and the Blaze

Solution: Repeal and replace Obama as well as Obamacare!

Freedom Works:

The Supreme Court this morning upheld Obamacare. They allowed the law to stand, including the individual mandate.

The Court has, in essence, given this decision back to Congress and the people, where political power ultimately resides.

The House of Representatives has done its duty in voting to repeal Obamacare. The American people have also spoken: They do not support Obamacare and fear its consequences more every day. In fact, a recent poll shows that two-thirds of Americans favor repeal of all or some part of the law.

With the outcome of the decision, The Heritage Foundation, America's leading conservative policy organization, has rallied and put together a Repeal Obamacare Project to raise the necessary funds to tirelessly fight for repeal.

We cannot allow Obamacare to stand, regardless of what the Court says. It must be repealed.

Your support is critical. Donate today to The Heritage Foundation's Repeal Obamacare Project.

Thank you for your support of conservative principles and the ideas that have made America great.

Sincerely,
Renew your membership
Edwin J. Feulner, Ph.D.
President, The Heritage Foundation

A vote has already been scheduled in the House of Representatives by Eric Cantor for the repeal of the Affordable Care Act (ObamaCare) for July 9th, and remember now that this is a tax issue we now only need 51 Senators to vote for repeal. But the big focus for the repeal and replacement of ObamaCare(ObamaTax) and the repeal of the Progressive ideology gripping our country is the repeal of Obama himself, his policies and his team in November at the ballot box. This video is absolutely the truth, the final verdict, the future of our country is up to us… and the moment is now! It is now in our hands to repeal ObamaCare in January 2013 and to do that we must elect Republicans far and wide who will repeal it. We have no choice this year but to win in November, and I mean win all around the country. We have to win Congressional seats and Senate seats and we must win the presidency. We don’t have any choice – the Supreme Court has seen to that. Time to put the petty bickering aside, get over the Romney wasn’t my first choice issue and the considerations of not voting because Romney is a Mormon or wanting to make a statement by voting for a 3rd party candidate . What is at stake is much bigger than any of that!

Thursday, June 28, 2012

Supreme Court Upholds Obamacare…

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In a landmark 5-4 ruling, the court upheld the individual insurance requirement at the heart of Obamacare...[Full Story]

GOP Vows Repeal as Supreme Court Upholds Obamacare

Obamacare - The Latest News

Rep. Poe to Newsmax: US Can’t Afford Obamacare

6/28/2012 3:08:20 PM

Now that the U.S. Supreme Court has upheld Obamacare, Congress must act quickly to repeal the legislation and stop the government from taking over patients health-care choices, Rep. Ted Poe told Newsmax in an exclusive interview Thursday.

Attorney Gen. Bondi: Our President Has Failed

6/28/2012 2:59:42 PM

The representative system of government only works when leaders are honest with the people, Florida Attorney Gen. Pam Bondi Thursday. The most sobering part of the Supreme Court decision (on Obamacare) is that it set Constitutional limits.

Attorney Gen. Cuccinelli: Ruling About Liberty, Not Healthcare

6/28/2012 2:52:58 PM

Virginia Attorney Gen. Ken Cuccinelli found the silver lining in Thursday s Supreme Court ruling, upholding the Affordable Care Act. This was about liberty and not about healthcare, Cuccinelli told Newsmax.TV.

Rep. Gardner to Newsmax: Election Will Right Court Mistake

6/28/2012 2:24:48 PM

Rep. Cory Gardner on Thursday denounced the U.S. Supreme Court s decision to uphold Obamacare, saying it gives the government an unprecedented power to tax Americans.

Rush: Obamacare 'Largest Tax Increase in the History of the World’

6/28/2012 2:16:55 PM

The Supreme Court’s decision to uphold Obamacare Thursday morning is an act of deception. Obamacare is simply a massive tax increase, talk radio host Rush Limbaugh said.

Rubio: Obamacare Is ‘Middle Class Tax Increase’

6/28/2012 2:05:47 PM

Florida Sen. Marco Rubio, a rising star in the Republican Party, said the Supreme Court ruling confirms that Obamacare is essentially a Middle Class Tax Increase, and predicted opponents will win new support for repealing the healthcare law.

Cassidy to Newsmax: Americans ‘Deliberately Deceived’

6/28/2012 2:00:21 PM

Rep. Bill Cassidy accused President Barack Obama Thursday of deliberately deceiving the American people about the individual mandate in Obamacare, saying the Supreme Court decision had finally revealed what it really is a new tax on Americans.

Dershowitz: The Healthcare Decision Is Good in the Short Term, Questionable in the Long Term

6/28/2012 1:56:36 PM

Alan M. Dershowitz's Perspective: When former President George W. Bush nominated John Roberts to become Chief Justice of the United States, a newly elected senator named Barak Obama voted against his confirmation.

Pelosi Calls Ruling a ‘Victory,’ Invokes Kennedy

6/28/2012 1:52:14 PM

House Minority Leader Nancy Pelosi invoked the memory of the late Sen. Edward Kennedy on Thursday as she hailed the U.S. Supreme Court ruling upholding Obamacare as exciting and a victory for America's families.

WSJ: Court Ruling on Obamacare Vindicates Hospital Consolidation, Investments

6/28/2012 1:37:35 PM

The Supreme Court decision to uphold President Barack Obama s Affordable Care Act vindicates the hospital industry in its more than two year-strategy of consolidation and investment to control costs and gain better bargaining position with payers, the Wall Street Journal...

Tea Party Leader Martin to Newsmax: Court ‘Got It Wrong’

6/28/2012 1:32:16 PM

The head of the Tea Party Patriots said Thursday the U.S. Supreme Court was wrong to uphold Obamacare, and pledged that her group would help Americans correct this decision by repealing the law.

Gingrich: Obamacare Repeal 'Defining Issue of Fall Campaign'

6/28/2012 1:26:58 PM

The Supreme Court ruling in favor of President Barack Obama s healthcare overhaul will do little to reduce the uncertainty that is preventing employers filling job openings, former GOP presidential candidate Newt Gingrich predicted. Instead that doubt will continue at least...

Rep. Gardner: SCOTUS Decision 'Unprecedented'

6/28/2012 1:26:53 PM

Rep. Cory Gardner sounded a popular Republican theme Thursday in the wake of the Supreme Court decision upholding Obamacare.

Rep. Gohmert Calls for Justice Kagan’s Impeachment

6/28/2012 1:21:08 PM

Texas Rep. Louie Gohmert called the U.S. Supreme Court’s ruling on Obamacare “illegitimate” and said Justice Elena Kagan should be impeached because she served as U.S. Solicitor General when the law was passed.

WSJ: Drugmakers Will Pay Billions in Fees, Price Cuts Due to Healthcare Ruling

6/28/2012 1:01:55 PM

The Supreme Court s decision to uphold Obamacare gives drug companies more certainty, The Wall Street Journal reported, even though drugmakers will spend billions of dollars in fees and price cuts. Beginning in 2014, individuals will be required to have health insurance...

Romney: I Will Repeal Obamacare as President

6/28/2012 12:56:03 PM

Reacting to the Supreme Court decision to uphold Obamacare, Republican presidential nominee Mitt Romney said he agreed with the dissenting justices and will act to repeal Obamacare if he is elected president. I agree with the dissent, and what the court did not do on the...

McConnell: Court Blew Obama’s Cover By Declaring Healthcare Overhaul a Tax

6/28/2012 12:41:20 PM

The Supreme Court blew the cover of President Barack Obama and the Democrats when it ruled that the provisions of the healthcare law are indeed a tax, Senate Minority Leader Mitch McConnell told Newsmax in an exclusive interview.

Court Ruling Lets More Than $800 Billion in Higher Taxes Proceed

6/28/2012 12:36:35 PM

The U.S. Supreme Court’s decision to uphold the bulk of the 2010 healthcare law means wealthy investors may sell assets before the end of the year as taxes in the overhaul remain in place and will take effect next year.

Roberts Based Ruling on Judicial Restraint

6/28/2012 12:36:02 PM

If the U.S. Supreme Court had wanted to make history, it could have: Striking down the individual mandate in the health-care law would have been the most weighty Supreme Court ruling since Franklin Roosevelt s first New Deal was ruled unconstitutional three-quarters of a...

Obamacare Ruling Helps Most, but Not All, Healthcare Niches

6/28/2012 12:33:16 PM

The Supreme Court's decision to uphold President Barack Obama's historic overhaul is expected to be a boon to most of the healthcare industry by making coverage affordable for millions of uninsured Americans.

Kudlow: Obamacare Taxes Bad for Economic Growth — and All Families

6/28/2012 12:26:46 PM

Twenty new or higher taxes across-the-board are bad for economic growth, bad for job hiring, bad for investors, and bad for families. A tax is a tax is a tax, according to Judge Roberts.

Huckabee: GOP Sweep Needed to Repeal Obamacare

6/28/2012 12:19:09 PM

Former Arkansas Gov. Mike Huckabee denounced the U.S. Supreme Court s decision upholding the Affordable Health Care Act and called for donations to his super PAC to make sure that our Congress and the White House are in the right hands through a GOP sweep of the polls in...

Insurance Group: Obamacare Ruling Won't Lower Costs

6/28/2012 12:15:11 PM

A Supreme Court decision to uphold the constitutionality of the Patient Protection and Affordable Care Act (PPACA) won't do anything to lower healthcare costs, Janet Trautwein, CEO of the National Association of Health Underwriters (NAHU), said Thursday. The Supreme Court...

Bill McCollum: War Against Obamacare 'Has Just Begun'

6/28/2012 12:13:09 PM

Former Florida Attorney General Bill McCollum, a leading figure in the legal challenge to Obamacare, tells Newsmax he is disappointed and shocked that Chief Justice John Roberts voted to uphold the individual mandate provision in the healthcare reform bill. But he...

Rep. Cassidy: 'American People Deliberately Deceived' By Obama

6/28/2012 12:13:05 PM

Rep. Bill Cassidy, a member of the GOP Doctors Caucus, called Thursday s Supreme Court decision, a bad day for fiscal responsibility.

More Special Coverage Stories — Click Here

Related:

Related Stories

h/t to  Newsmax.com – to AP for photo

Stay tuned… More to come on this shocking ruling…

Supreme Court Issues Huge Win for President Obama, and a huge loss for the American People!!

Or… Was Judge Roberts Just Playing Bridge?

SCOTUS ObamaCare Ruling creates largest tax increase on middle class ever and hands the GOP a second front issue for Election 2012: the repeal and replacement of ObamaCare and the loss of jobs (which this ruling will make worse) in a faux artificially propped up economy will energize Conservatives, Independents and Constitutionalists en masse~

Tuesday, June 26, 2012

Obamacare Has Literally Replaced the Constitution

Written by Gary North on June 22, 2012   - Tea Party Economist – Cross-Posted at True Health Is True Wealth

The textbook account of how laws are made is for children. It presents the procedure as if it were governed by the Constitution. This is silly. That went out with high-button shoes.

The legal system that prevails today is administrative law: rule by government bureaucracies that cannot be fired. The story of how this legal revolution has re-shaped law in the West, threatening a new tyranny, appears in the 45-page introduction to Law and Revolution (1983), a great book by Harvard University’s legal historian Harold Berman. Those 45 pages are among the most important that I have ever read.

A recent study by the Cato Institute describes one section of Obamacare: the creation of the Independent Payment Advisory Board, or IPAB. This unelected board will set prices and payment systems for medicine under the plan.

Obamacare was created by the Patient Protection and Affordable Care Act (PPACA), which in turn creates IPAB. According to the Cato report, written by a lawyer,

When the unelected government officials on this board submit a legislative proposal to Congress, it automatically becomes law: PPACA requires the Secretary of Health and Human Services to implement it. Blocking an IPAB “proposal” requires at a minimum that the House and the Senate and the president agree on a substitute. The Board’s edicts therefore can become law without congressional action, congressional approval, meaningful congressional oversight, or being subject to a presidential veto. Citizens will have no power to challenge IPAB’s edicts in court.

But what if — this is 99% hypothetical — a majority in Congress decides that the IPAB payment schedule (taxes) is not a good idea? Well, tough bananas.

PPACA forbids Congress from repealing IPAB outside of a seven-month window in the year 2017, and even then requires a three-fifths majority in both chambers. A heretofore unreported feature of PPACA dictates that if Congress misses that repeal window, PPACA prohibits Congress from ever altering an IPAB “proposal.” By restricting lawmaking powers of future Congresses, PPACA thus attempts to amend the Constitution by statute.

IPAB’s unelected members will have effectively unfettered power to impose taxes and ration care for all Americans, whether the government pays their medical bills or not. In some circumstances, just one political party or even one individual would have full command of IPAB’s lawmaking powers. IPAB truly is independent, but in the worst sense of the word. It wields power independent of Congress, independent of the president, independent of the judiciary, and independent of the will of the people.

This means that the Constitutional sovereignty is a dead concept, unless five people on the U.S. Supreme Court declare the law unconstitutional. (Therefore the ruling on Thursday 06.26.12 is the most important in America’s history… there is a lot more at stake than just healthcare!)

This will serve as a legal precedent. New laws will create similar boards.

Kiss the Constitution goodbye.

It was all so easy.

The 22-page report is here: Continue Reading on www.cato.org

Saturday, June 9, 2012

Pro-Mitt Argument of the Day

By Andrew C. McCarthy  -  Originally posted: March 23, 2012 8:54 A.M.

… comes from our loyal reader and commenter, Colonel Travis. In response to my post last evening on the Obamacare “tax or penalty” issue, he writes:

Like a lot of others, I suspect if Obamacare is declared unconstitutional it will be a 5-4 decision. But I have to say I’ll be really disappointed if it is 5-4 because of the absolutely ridiculous amount of power those 4 idiots will have said Congress could have over the citizenry. There’s gotta be at least one moron leftist judge who says – this is simply too much.

This is why I can’t stand things like Santorum who said electing Romney will be like electing Obama again. What an idiot. There is no way Romney would nominate a legal doofus like Sotomayor. If we lose the presidency I don’t think people really understand how royally *bleeped*-up America will be if three more Sotomayors get on the Supreme Court.

Now Rick Santorum is very far from being an idiot, but what he said in this instance was idiocy of near Etch A Sketch dimensions. We are going to have our issues with Mitt. He and his campaign are gaffe-prone — although I’m pretty sure he knows the difference between a corpsman and a corpse-man. More to the point, he will often have to be pushed in a more conservative direction — Dan Henninger diagnosed this with characteristic brilliance several months ago, Rush has pointed out that the primary campaign appears to have had exactly this effect, and to hear Governor Romney speak after he won Illinois the other night was to conclude that this all is to the good.

But whatever you think of Romney, whatever understandable suspicions you have about his conservative bona fides, we can’t lose our perspective here: He is so much better than President Obama that it is like comparing last year’s Green Bay Packers (a playoff team with some glaring flaws) to the ’76 Tampa Bay Bucs (an unmitigated disaster). At times when the intensity and sleepless nights of a tough campaign prevent Rick from seeing that, he needs to lie down and get a grip.

Mitt is not the ideal candidate (no one in the GOP field is), but he’s got Bob Bork advising him on judges and John Bolton advising him on foreign policy. You think you’re gonna get originalist judges and Bolton grit from Obama? And I’m as worried as anyone about whether Romney and the GOP establishment are committed to do something consequential about what could be our death-spiral of spending and debt; but I also think the Bush years are over — thanks to the Tea Party and other conservative leaders, the right is no longer going to roll over for a Republican president inclined to do Progressive-Lite. I think Jonah is right that “a President Romney would be on a very short leash.”

I’ve said here a number of times since I foolishly played the primary endorsement game in 2008 that I don’t think it’s worth it — not for NR and not for writers of any ideological bent who try to write objectively about the campaign. But if Mitt wins the nomination, as seems very likely, I will enthusiastically support his candidacy.

For my friends who have hesitation on that score, I’d just ask you to keep four things in mind: Justice Scalia just turned 78, Justice Kennedy will turn 78 later this year, Justice Breyer will be 76 in August, and Justice Ginsburg turned 81 about a week ago. We wish them all well, of course, but the brute fact is that whoever we elect as president in November is almost certainly going to choose at least one and maybe more new members of the Supreme Court — in addition to hundreds of other life-tenured federal judges, all of whom will be making momentous decisions about our lives for decades to come. If you don’t think it matters whether the guy making those calls is Mitt Romney or Barack Obama, I think you’re smokin’ something funky.

Which brings us back to Colonel Travis’s point. The Supremes are about to hear the huge health-care case. How worried would you be about it if we had a Supreme Court whose last two justices, instead of being Sotomayor and Kagan, had been chosen by a guy getting advice from Bob Bork — by a guy beholden to the same conservatives whose near-mutiny forced President Bush to appoint Justice Sam Alito?