A DIFFERENT TAKE ON JUDGE ROBERTS

7/9/12
I offer this perspective to convey some profound hope and evidence of the Almighty?s hand in the affairs of men in relation to the Supreme Court?s decision on Obamacare.

I believe the conservatives on the court have run circles around the liberals and demonstrated that the libs are patently unqualified to be on the Supreme Court. Let me explain.
He is a genius along with the members of the Court in the dissent. The more of the decision I read the more remarkable it became. But if it is explained anyone can see the beauty of it. The decision was going to be a 5-4 decision no matter what, so the allegation that the decision was a partisan political decision was going to be made by the losing side and their supporters. If the bill was struck down completely with Roberts on the other side there would have been a national and media backlash against conservatives and probably strong motivation for Obama supporters to come out and vote in November.
Next, merely striking the law without the support of Democrats and libs would have left the fight over the commerce clause and the “necessary and proper “ clause and the federal government?s role in general festering and heading the wrong way as it has since 1942. As a result of the decision the libs are saying great things about Roberts; how wise, fair and reasonable he is. He first emphatically states that Obamacare is unconstitutional under the Commerce Clause saying you cannot make people buy stuff. Then he emphatically states that it is unconstitutional under the “necessary and proper” clause which only applies to “enumerated powers” in the US Constitution.
the Court ruled 9-0 that Obamacare was unconstitutional under the Commerce clause which was Obama?s whole defense of the bill. They also ruled 9-0 on the “necessary and proper” clause. Roberts, through very tortured reasoning, goes on to find that the taxing law provides the Constitutionality for the law. Obama assiduously avoided using the term “tax” and now he has to admit this law is a tax and it is on everyone even the poor.
More importantly though is the fact that this makes this a budgetary issue that can be voted on in the Senate by a mere majority instead of 60 votes needed to stop a filibuster. That means that if the Republicans can gain a majority in the Senate, it can vote to repeal Obamacare in total.
Finally the Court voted 7-2 to strike down the punitive rules that take away money from states that do not expand Medicare as required in Obamacare.
It can easily be applied to many other cases of extortion the Federal government uses to force states to do things they don?t want to. This is also amazing because Obamacare has no severability clause so by striking the Medicaid mandate portion as unconstitutional the whole bill should have been struck
a brilliant tactical maneuver has: strengthened the limitations of the commerce clause and the necessary and proper clause by a unanimous decision, made Obama raise taxes on the poor and middle classes, converted Obamacare into a tax program repealable with 51 votes in the Senate, enhanced Romney?s and Republicans.
Source charles krauthammer

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