Roberts judgement doesn't pass the smell test

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  • PeaShooter

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    Anyone else think that the Roberts ruling is too disjointed, too disparate? The ruling almost sounded like he looked for the most illogical way to find the ACA constitutional, while declaring the mandate unconstitutional and giving digs to voters and others.

    It almost sounded like he was pressured against his will to rule this way and did it begrudgingly. I have to wonder if he wasn't being blackmailed, or threatened (or his family) in some way. That is what seems to make the most sense out of the ruling, IMHO. :dunno:
     

    Que

    Meekness ≠ Weakness
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    I have to admit that's what I thought. Somebody knows what skeletons are in his closet, where the closet is located, and under which flower pot he's hidden the key.
     

    IndyDave1776

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    I have to admit that's what I thought. Somebody knows what skeletons are in his closet, where the closet is located, and under which flower pot he's hidden the key.

    Either some of that or what head he does not want a bullet in. I have a hard time buying the notion that he just took a hard left turn for the sheer hell of it as well.
     

    spencer rifle

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    All I can say is:
    "The horror... the horror..."

    He appears to be attempting to reign in the liberal wing by getting them to sign on to Commerce Clause restrictions. He does not appear to understand that he's become the mayor of Fail City. They won't pay any more attention to that then they do anything else that gets in the way of their transformative agenda. And now he's helped give them unlimited taxing power.

    You can't just take a law that clearly says "penalty" and say "Oh, they really meant 'tax.'"

    There were direct threats from liberal Congress members, though they referred to legitimacy perceptions of the court (at least as far as we know).
     

    jblomenberg16

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    Intersting concerns for sure. I've read some good commentary on his decision by outside analysts. Most are saying that while his vote certainly comes accross as support for the liberal agenda, it is actually a clever way of punting the issue right back in their laps.

    The short summary from what I read is:

    1) If he voted "no", we would have wailing and gnashing of teath from the liberal camp, and they would likely begin to question the legitimacey of the court, causing future problems if the SCOTUS becomes involved in ruling on future legislation. Once the left undermines the court, they have a foot in the door and would be opening it even wider to continue to try to work around it in the future.


    2) He's effectively removed any rallying cry from the Obama camp for the November election. While Obama can now say "I did it," he can no longer use it as "I will finish what I started in my first term." That means Obama is going to have to have some new things on his to do list for this election cycle. Depending on what he does, those may or may not be as effective at "buying" votes as the universal health care pledge was.



    In general I think the SCOTUS tries to refrain from, or at least minimize the amount of legislating they do from the bench. They are very wise people and know that stare decisis is very important in future legal procedings. Had they overturned this, it could have very well set the stage for brining in the SCOTUS into the mix on many more pieces of legislation earlier, rather than keeping the balance of power where it is designed to be.
     
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    Time will tell...it's quite possible that he's dumb like a fox.

    He has established that the Commerce Clause (by far the most abused part of the Constitution by the federal government) DOES have restrictions and the feds can't use it to justify any outrage they choose.

    He's established that the individual mandate establishes a punitive tax on citizens for refusing to do something that no one has a right to order them to do.

    The democrats may have won this in the short term, but they've been made to look VERY bad and the effect will be to put more tea partiers in Congress next go 'round...who will then repeal Obamacare.

    I would have preferred to see the whole thing thrown out, but I'm taking a wait-and-see attitude.
     

    jve153

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    i have not read the legislation, and i doubt anyone else here has. all we have are the talking points from both sides. i am willing to bet that those justices have read it. now adding a 1% income tax to all income to reform the health care system with a "deduction" for having health insurance is how i see that he viewed it. i could be very very wrong and it would not be the first time. its possible that he poked enough holes in it that we may get to see it repealed, however, the 5 that voted for may have sealed our fate. im with LS, time will tell. by the time it tells, it will either be a win, or too late.
     

    Classic Liberal

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    You can analyze his decision all you want. As I see it, Bush appointed a man whom is now deciding in favor of the puppet masters.
    Just remember, a true conservative has no reason to lean socialist, and a principled man wouldn't even think about it.
     

    GodFearinGunTotin

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    I too am afraid he buckled under political pressure. I believe I posted on here somewhere, an article or blog from CBS where "inside sources" said he originally voted with the conservative minority but later changed his mind.

    The liberals are going to howl, gnash their teeth, riot, OWS, etc. at anything that threatens their progressive agenda. It's just ashame we don't have more of the anti-Ginsberg's on the court that will stand up and rule on cases based on original intent rather than worry about some sort of legitimacy. If that was Roberts' intent, he's lost it as far as I'm concerned.

    I certainly hope and I sincerely doubt his ruling was based on presidential elections. He's got a job to do and he blew this one...for whatever reason.

    ETA...

    Ah, here it is....Roberts switched views to uphold health care law - CBS News
     

    level.eleven

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    Now hold on a cottin pickin minut. I heard that Savage feller say it was cause he was all hopped up on goofballs cause of ceasers.
     
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    Looks to me like the main stream media intimidated Roberts into deciding the law in their favor (at best) OR he was threatened / intimidated by some other means (at worse).

    Either way, the road away from Obamacare is a difficult one. With the intestinal fortitude shown by this and recent Congresses, it appears that we're hosed...
     

    GodFearinGunTotin

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    Mitchell
    This guy said it better than I could:

    Articles: Government Wins Even ObamaCare Ruling's 'Silver Lining'

    There are a number of memberable quotes in this one:

    To paraphrase Justice Thomas in his dissenting opinion, the ObamaCare decision "has encouraged the Federal Government to persist in its view" of power that "has virtually no limits."


    Folks, the constitutional rule of law lost. To use a more appropriate metaphor, the only thing that looks silver is the shining metal of knives the government wields.

    Lawyers understand, perhaps better than most, that cases (and freedoms) are won and lost in the margins; that is to say, not by the notorious violations of law, but in the minutiae. The minutiae compounds itself in ways not or barely noticeable until it's too late.
     

    traderdan

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    I have, of course no proof,but in my heart I believe that at these levels of Government,force is exerted to move legislation in the desired direction ,that would threaten the health and well-being of one who did not play the game....
     

    ocsdor

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    Roberts' ruling is just more proof that there is only one political party; not two.
    picture.php
     

    ViperJock

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    You can analyze his decision all you want. As I see it, Bush appointed a man whom is now deciding in favor of the puppet masters.
    Just remember, a true conservative has no reason to lean socialist, and a principled man wouldn't even think about it.

    I'm sorry, did you just blame Bush for this? Lmao. Conservatives and Liberals are both potentially socialists. Both the extreme R and L use socialism as a base. Do you recall the words behind Hitlers party? National Socialist...

    Your response is emotional and illogical. I don't think there is a single conservative who hasn't questioned his motives but blaming Bush for this? Wow.
     

    Classic Liberal

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    I'm sorry, did you just blame Bush for this? Lmao. Conservatives and Liberals are both potentially socialists. Both the extreme R and L use socialism as a base. Do you recall the words behind Hitlers party? National Socialist...

    Your response is emotional and illogical. I don't think there is a single conservative who hasn't questioned his motives but blaming Bush for this? Wow.

    No, I didn't blame Bush --I merely stated the appointment. Every man is responsible for their own actions.
     
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