Posts
Richard Bolen
June 28, 2012
Lexington, South Carolina
To all my friends, particularly those
conservatives who are despondent over the searing betrayal by Chief Justice John
Roberts and the pending demise of our beloved country, 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 initially thought we
had cause for despondency when I only heard the results of the decision and not
the reason or the make-up of the sides. I have now read a large portion
of the decision and I believe that it was precisely the result that Scalia,
Alito, Thomas, Roberts and even Kennedy wanted and not a defeat for conservatism
or the rule of law. 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.
First let me assure you
that John Roberts is a conservative and he is not dumb, mentally unstable,
diabolical, a turncoat, a Souter or even just trying to be too nice. 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. It is not obvious and it
requires a passable understanding of Constitutional law 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. With today’s decision that dynamic is reversed and there is a
groundswell of support for Romney and Republicans, even for people who were
formerly lukewarm toward Romney before today, additionally Romney raised more
than 3 million dollars today.
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. They would never have said that
without this decision even after the Arizona immigration decision on Monday. In
the future when Roberts rules conservatively it will be harder for the left and
the media to complain about the Robert’s Court’s fairness. That’s why he as
Chief Justice went to the other side for this decision not Scalia, Alito, Thomas
or Kennedy, all of whom I believe would have been willing to do it.
Next let’s look at the
decision itself. Thankfully Roberts got to write it as Chief Justice and it is
a masterpiece. (As I write this the libs don’t even know what has happened they
just think Roberts is great and that they won and we are all going to have free,
unlimited healthcare services and we are all going to live happily ever after.)
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. Justices Ginsberg,
Breyer, Sotomayor and Kagan all went along with these statements. They never
would have gone along with that sentiment if that was the basis for striking the
law in total. This is huge because this means that 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.
Even better both of these rulings were unnecessary to the decision so it is
gravy that we got the libs to concede this and it will make it easier to pare
away at both theories in the future, which we must do. Well done.
Roberts, through very
tortured reasoning, goes on to find that the taxing law provides the
Constitutionality for the law. Virtually everyone agrees that the Federal
government has the power to do this as it does with the mortgage deduction for
federal income taxes. This too is huge because 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. That will hurt him hugely in the polls and will help Romney.
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. This too is huge because we got
Kagan and Breyer to join this decision and 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. If that happened none
of these other benefits would have been accomplished. I haven’t read far enough
to know how he did it but I am sure it is brilliant.
So to recap the Roberts
court through 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 Republican’s fundraising and likelihood of being elected in
November, weakened federal extortion and got the left to love Roberts and sing
his praises all without anyone even noticing. Even Obama is now espousing the
rule of law just 2 weeks after violating it with his deportation executive
order.
That is why I have decided this was a
genius decision and that I did in fact get a great birthday present today not to
mention U. S. Attorney General Eric Holder being held in contempt. What a day.
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