I think it was one of the most brilliant political and judicial moves of our
time.
Chief Justice John Roberts is a conservative, Republican judge, right?
1. He invalidated the "Commerce clause" as a legal pretext for requiring
people to buy health insurance. He also got the four most liberal judges to
sign on to this. It is the first time, this court has begun to put limits on the
expansion of the federal governemnt through the commerce clause.. That is now
set in legal concrete.
2. He allowed the mandatory purchase of health care insurance as a "tax".
Since the four liberal judges never met a tax they didn't like, it was no big
thing for them to agree. Plus, they were getting the health care they wanted.
But if you calculate all the mandate purchases as new "taxes" (now LEGALLY
defined as such), Chief Justice Roberts just handed the Republicans a campaign
issue that only Santa Claus or a Chief Justice could have given them. $5hundred
BILLION in new taxes (legally defined as such) under Obamacare. 75% of which
will be extracted from Mr. Obama's precious Middle Class. On the other hand,
since the Republicans are also the party of morons, they may be too dense to
realize what just surreptitiously fell into their laps. He created a target
rich environment for Republican strategists (assume any exist). All of the
promises, "won't raise one dime", all the insistence by the Obama people that the
mandate was not a tax, but a regulation through the commerce clause, now the
issues are cost and taxes--assuming some people are smart enough to see that.
3. Recognizing that probability,, he even cast a little more light by saying
the court doesn't exist to protect people from electoral consequences--that if
they don't like what is going on, there is a little something called the ballot
box 131 days away.
Total brilliance.
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