“… The Chief Justice’s opinion did not spell out any such limits, but it did remark that “there comes a time in the extension of the penalizing features of the so-called tax when it loses its character as such and becomes a mere penalty with the characteristics of regulation and punishment.” He added: “Congress’s ability to use its taxing power to influence conduct is not without limits.”…”
For ages, The Pink Flamingo has been saying that
Romneycare Obamacare would be upheld. I figured it would be Scalia who voted to uphold, over the Commerce Clause. Let’s put it this way, if you are ticked with anyone, quit complaining about John Roberts an put the blame squarely where it belongs. Governor Gary Johnson has said it best, in an email he sent out Thursday evening.
“..Gov. Mitt Romney’s campaign says they have received $1 million in contributions since the Supreme Court essentially upheld Obama’shealth care law.
This is the same Mitt Romney who created the template for Obama’s plan in Massachusetts. And the same Mitt Romney who has promised to appoint more ‘John Roberts’ to the Supreme Court – the same Chief Justice Roberts who was the pivotal vote to uphold the individual healthcare mandate by calling it a tax.
The irony of Gov. Romney receiving $1 million from people wanting Obama’s law repealed is unbelievable. Those people need to know there is another choice in November than between a Republican who, until he was running for President, led the way toward the nationalized health care the Court upheld today – and a Democrat who was only too happy to take the Romney health care ball and run with it….”
This bill is totally based on Romneycare. It looks to The Pink Flamingo that the wrong person is being blamed. Don’t try destroying John Roberts. It is because of Mitt Romney, that we have
Romneycare Obamacare. And, now Romney is going to repeal it on day one. I hate to say this, but I don’t want a POTUS who doesn’t know the Constitution. Right now, Romney has an ad saying that we’re in for a $500 billion dollar tax hike. In Romney’s fantasy world, he is pulling numbers out of thin air. As POTUS, he CANNOT repeal Romneycare Obamacare.
There is no way Mitt Romney will repeal
The Pink Flamingo worked the phones Thursday evening. What I did learn is that now Romney is saying the individual mandate will cost a trillion bucks. He’s raised it by 500 billion. Thing is, and I did some checking, those numbers are a fantasy.
“...The Chief Justice cited a congressional estimate that some 4 million people each year “will choose to pay the IRS rather than buy insurance.” And he noted that Congress was not enough troubled about that prospect to choose to punish people directly for failing to buy insurance. “Congress did not think it was creating 4 million outlaws,” Roberts wrote.
One factor that may hold down a new willingness to buy health insurance, the Chief Justice suggested, was that in dollar terms the size of the tax assessment will make it considerably cheaper than the annual premiums for health coverage.
The way the tax provision will work, if it does, in fact, go into effect about two years from now, is that individuals who do not obtain health insurance will be assessed a tax (based on family income) that they must pay along with their regular federal tax return. The enforcement of the tax will depend, ultimately, on whether an individual who refuses to buy health insurance chose — as a specifically intended response — not to pay the tax, for whatever reason. The Chief Justice’s opinion did note that willful failure to pay a tax that is due can lead to criminal prosecution. There would have to be proof of something more than a simple failure to include the penalty payment along with the return.
Here is the choice that individuals who do not want to obtain health insurance will face, according to the Chief Justice: “Those subject to the individual mandate may lawfully forgo health insurance and pay higher taxes, or buy health insurance and pay lower taxes. The only thing they may not lawfully do is not buy health insurance and not pay the resulting tax.”
It should be noted, though, that not every American is subject to the mandate and to the penalty tax. People who are too poor to pay taxes anyway are exempt, as are some other groups….”
We get irrational hyperbole from the usual sources, without using their heads to figure out what really happened. They make fools of themselves, as usual.
What Romney is incapable of comprehending is that John Roberts made one of the most conservative decisions – ever. Some Courtwatchers are calling it worthy of John Marshall. It’s more like worthy of Solomon.
Like Charles Krauthammer wrote, John Roberts is basically telling Congress that you broke it so YOU fix it. What we aren’t hearing from the Henny-Penny conservative sky is falling world is that Roberts utterly destroyed the Commerce Clause today. By utterly destroying it, he has basically clipped the wings of anything Congress might want to do to impose their socialist will on the American people.
What Roberts did today as sheer genius. He may have just placed himself in the SCOTUS Hall of Fame. In doing so, he just gave conservatives almost everything they’ve wanted. Only they are so busy acting like a bunch of spoiled brats, they’ve not even noticed.
“...“We won,” said Georgetown law professor Randy Barnett, who was perhaps the most influential legal opponent of the Affordable Care Act. “All the arguments that the law professors said were frivolous were affirmed by a majority of the court today. A majority of the court endorsed our constitutional argument about the Commerce Clause and the Necessary and Proper Clause. Yet we end up with the opposite outcome. It’s just weird.”
One interpretation is that Roberts was playing umpire today: He was simply calling balls and strikes, as he promised to do in his Senate confirmation hearings. But as Barnett’s comments suggest, the legal reasoning in his decision went far beyond the role of umpire. He made it a point to affirm the once-radical arguments that animated the conservative challenge to the legislation. But then he upheld it on a technicality.
It’s as if an umpire tweaked the rules to favor his team in the future, but obscured the changes by calling a particular contest for the other side. ”John Roberts is playing at a different game than the rest of us,” wrote Red State’s Erick Erickson. “We’re on poker. He’s on chess.”
By voting with the liberals to uphold the Affordable Care Act, Roberts has put himself above partisan reproach. No one can accuse Roberts of ruling as a movement conservative. He’s made himself bulletproof against insinuations that he’s animated by party allegiances.
But by voting with the conservatives on every major legal question before the court, he nevertheless furthered the major conservative projects before the court — namely, imposing limits on federal power. And by securing his own reputation for impartiality, he made his own advocacy in those areas much more effective. If, in the future, Roberts leads the court in cases that more radically constrain the federal government’s power to regulate interstate commerce, today’s decision will help insulate him from criticism. And he did it while rendering a decision that Democrats are applauding.
“For those of us who oppose the Affordable Care Act as a policy matter, this is a bad day,” Barnett said. “For those of us in this fight to preserve the limits of constitutional government, this is not a bad day.”…”
And so, we have stupid is as stupid does.
Or how about this stupidity?
The problem is the fact that the Usual Suspects are so anxious to damn anyone who disagrees with them that they can’t see that Roberts gave them exactly what they wanted. In many ways, they must now lie and twist and turn to figure out a way to ignore the fact that
Romneycare Obamacare is brought to you by Mitt Romney, himself.
So, this brings us back to the
$500 billion trillion it adds to the budget.
Boy do we have a mess.
The problem is, Barack Obama and the Democrats are not all to blame. Granted, they are far from perfect in this little fiasco. No one is. Fact is, The Pink Flamingo doesn’t know who is worse, Democrats behaving like Democrats, or Republicans lying like a bunch of dirty Democrats to cover the fact that they were not exactly without sin in this whole affair.
I spent quite a bit of Thursday evening working on the back story here. It’s a real stinker. It’s one thing for Democrats to do what they do best, spend as much of our money as possible, in hope of getting votes. It’s another thing all-together for Republicans to lie about their participation in the whole tawdry affair so that they can pander to their constituency for votes.
Then there is Mitt Romney who has never yet met a fact he didn’t manipulate, twist, and turn. It’s getting where he’s the Republican version of Bill Clinton. How do you know he’s lying? His lips are moving. His pandering for money to pad his rather pathetic coffers is well, that’s just political, no harm no foul there. BUT, in doing so he is showing a dismal lack of understand of how government works. If this is the way he regards the Constitution, then he’s a pathetic excuse of a nominee.
John Roberts proved his Constitutional genius today. Not only did he completely destroy the Commerce Clause, but he made Justice Scalia look like a fool. You see, Scalia has been all over the place on this one.
In fact, Scalia has been all over this to the point where he has made a fool of himself, once again.
“...The case was Gonzales v. Raich, and the issue was whether the federal government had the right to forbid California residents to grow medical marijuana in their own homes, for their own personal consumption. It was a perfect test case: California law permitted medical marijuana, and the drugs, being illegal for the growers to sell, had absolutely nothing to do with commerce of any kind.
In a 6–3 decision, the Supreme Court sided with the federal government. Scalia fleshed out his views in a concurring opinion that was primarily based not on the Constitution itself, but on the Supreme Court’s ever-loosening interpretation of it.
“The court [has] recognized that [non-economic activity can] be regulated as ‘an essential part of a larger regulation of economic activity, in which the regulatory scheme could be undercut unless the intrastate activity were regulated,’” Scalia wrote. Then, he endorsed a rather broad interpretation of the Necessary and Proper Clause: “As the Court put it in Wrightwood Dairy, where Congress has the authority to enact a regulation of interstate commerce, ‘it possesses every power needed to make that regulation effective.’”
He also argued, more or less, that once the government bans the interstate trade of an item, it can also ban the intrastate possession of it: “Not only is it impossible to distinguish ‘controlled substances manufactured and distributed intrastate’ from ‘controlled substances manufactured and distributed interstate,’ but it hardly makes sense to speak in such terms. . . . Marijuana that is grown at home and possessed for personal use is never more than an instant from the interstate market.”…”
Instead of damning him, the right should, today, be hailing John Roberts as the conservative hero he is. He completely destroyed Scalia’s liberal 2005 precedent setting opinion. The man displayed sheer genius. But, he did not do what the conservative world wanted so he is now evil and must be destroyed.
Have the drooling idiots and punditry on the right forgotten Civics 101?
It is obvious Rush Limbaugh has.
So has Mitt Romney.
By ruling that the Individual mandate is a “tax”, John Roberts obliterated the Commerce Clause and paved the way for the House to rid themselves of
Romneycare Obamacare. The power to tax comes out of Congress, NOT the White House. Mitt Romney cannot repeal Romneycare Obamacare. It is now up to Congress. And – do you think this spineless bunch of pandering, bought and paid for little twerps are going to do anything that requires any sort of courage? If so, you have a fantasy life far richer than that of The Pink Flamingo.
The Pink Flamingo has learned that there may not be all that much interest in dumping the Individual Mandate. If it happens, there are a heck of a lot of little kids who are going to lose their health insurance because of preexisting conditions. Voting to keep sick little kids sick is a big fat loser, for all but the AFP wing of pimps.
The roots of this mess began in 2006 when certain “conservatives” decided to go after George W. Bush and teach him a lesson for not being pure enough. Laura Ingraham was one of them. So was Sean Hannity. We lost a lot of good people in the Senate that year. We lost more in 2008. Don’t blame this mess on the Dems. Blame it on a bunch of conservatives who need to be taken down a peg or two. This is what happens when you decide to destroy more “moderate” Republicans. Not only did we lose the Senate, but thanks to the nastiness of people like Ingraham who told their listeners to teach George W. Bush a lesson, Nancy Pelosi became Speaker of the House.
Don’t blame this mess on John Roberts.
In 2008 the Dems picked up eight Senate seats.
Don’t blame this mess on John Roberts. Blame Rush Limbaugh, Laura Ingraham, Sean Hannity, FOX News, Karl Rove, Americans for Prosperity, and the tea party. Don’t blame an honorable man who is just trying to do what is right by the country.
How much longer are Republicans going to allow a bunch of extreme idiots who are pandering for campaign dollars to continue to make a mockery of the country. It’s getting a little old, fast.