"It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds." Samuel Adams

Tuesday, January 26, 2016

RobertsCare

First there was the case against ObamaCare because it unconstitutionally assessed "penalities" against those who declined to buy health insurance. But Chief Justice Roberts stepped in and said, "No, they're not penalties, they're taxes" (a position even Obama hadn't claimed). ObamaCare survived. Then there was the case against ObamaCare because it stated explicitly that only the people within states that had state-run insurance pools could receive federal subsidies. But again, Justice Roberts stepped in and said, "Well, we all know that's not what Congress meant" (he should have said that's not what the Democrats in Congress meant). ObamaCare survived. Finally there was the case against ObamaCare because the Constitution says that all tax legislation must originate in the House of Representatives (the branch closest to the people), but ObamaCare began in the Senate where Harry Reid attached a number to it of an unpassed, unrelated House bill. Of course, Harry never imagined this could be an issue because he thought the taxes were penalties. He had no idea John Roberts would magically transform them into taxes, which meant the bill had to originate in the House. So last week the Supreme Court declined to hear the case challenging the fact that ObamaCare unconstitutionally originated in the Senate, effectively tossing the suit in the trash. So I say that John Roberts now owns the ACA and from now on we should call it RobertsCare. It's now more his legislation than Obama's.    

3 comments:

Tom said...

Hail John Roberts

Dave said...

John Roberts is a one-man constitutional convention, as is Anthony Kennedy and as was Harry Blackmun. These people disgust me.

Tom said...

Interesting. All 3 appointed by republican presidents. I think I told you long ago that a study had been conducted on alleged "judicial activism" and it was determined most activism comes from the alleged conservative courts more than the alleged liberal ones. Of course, it seems for the most part, each decision made is either wrong or right based upon ones political beliefs.

So, shall we go the route of some conservatives that want to change the constitution to allow some of these rulings to be voided if 2/3's of the states vote to set aside? Should we have term limits on justices? Or, the system is what the system is, and we live with what we have?