Friday, June 29, 2012

Here's Why the Chief Justice Ruled the Way He Did

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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