Why the Roberts decision on Obamacare is a Good one for Conservatives

Discussion in 'Law and Justice System' started by JimBowie1958, Jun 29, 2012.

  1. JimBowie1958
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    JimBowie1958 Old Fogey

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    The Robertson decision is good for conservatives for several reasons:
    1. It makes the Obamacare law easy to repeal. Since it is a tax legally now, there can be no filibuster to defeat a repeal in the Senate, so the GOP only needs 51 votes now not 60.

    2. It struck down individual mandates. An individual mandate can have many kinds of penalties from house arrest to property forfeiture to jail time, but since Roberts accepted the Obama argument that this was a tax, the only 'penalty that can be assessed in this case is a fine and it can pass in the form of a tax increas for everyone that buying the insurance allows you to be exempt from. This is a huge decision in favor of individual rights.

    3. This decision has made the law a plain out right tax increase, making Obama the unsurpassed record holder for tax hikes in US history, as well as for deficit creation.

    4. Lastly, but most importantly, he struck down the Medicaid withdrawal for states that opt out, saying that such laws are unconstitutional and violate the Tenth Amendment. This is the by far the biggest set back to the growth of federal power since the Civil War. Now if Congress passes another law like the mandatory seat belt law which penalized a state by witholding its highway funds if they didnt make seat belts mandatory, the states can take it to court arguing that in the Obamacare decision these kind of penalties are unconstitutional. This just cut the domestic testicles from DC as a power center, and we are going to see states act much more autonomously from now on.

    That decision will be celebrated by all conservatives twenty years from now.
     
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  2. LAfrique
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    LAfrique VIP Member

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    Good points. Wonder why republicans are not jumping on these already. Guilt, perhaps - for being instrumental to Obamacare.
     
  3. LAfrique
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    LAfrique VIP Member

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    And if all fails, I will simply opt for one of the exemptions of Obamacare. You are aware of the various exemptions, are you not?
     
  4. Oddball
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    Oddball BANNED Supporting Member

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    100% navel gazing sophistry.

    We have a CJ of the USSC with no nuts and the country may well get stuck with that incomprehensible monstrosity, given the storied history of the gutlessness of the GOP.
     
  5. JimBowie1958
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    JimBowie1958 Old Fogey

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    Dude, I dont know. I think it is just huge dissapointment that Obama didnt get his nose rubbed in his own shit by the SCOTUS and they thought Roberts would deliver the goods.

    I think Roberts made a solid decision and honored precedent and the tradition of the SCOTUS to not throw out laws if there is a workable reasonable explanation of what makes it constitutional. Conservattives used to call the other approach 'judicial activism' but now that is party loyalty and to be a proper conservative jurist is to be a traitor to the cause.

    That is short sighted and not what the SCOTUS is supposed to do.

    But give it time. Robertson will eventually piss off the liberals too and everyone inside the Beltway will hate him.
     
  6. JimBowie1958
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    JimBowie1958 Old Fogey

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    Dude, it isnt sophistry, it is reality and it is what a conservative jurist has long been said to intend to do; respect precedent and the will of the Congress if one can find a valid Constitutional rationalization for the law in question.

    Well, I cant argue with that. I think protocol in the GOP is all elected officials have to surrender any testicles they may have prior to taking the oath of office, though some like Paul are grand-fathered.
     
  7. Oddball
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    Oddball BANNED Supporting Member

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    None of the drivel Roberts wrote sets any precedent or has any legal standing....I can't remember the legalese word for "bullshit padding" right now.

    There is no silver lining in a 2,700+ page heap of shit being declared constitutional.

    You can't polish a fucking turd.
     
  8. JimBowie1958
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    JimBowie1958 Old Fogey

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    Roberts was totally valid in agreeing that the fines are a form of tax, and there are plenty of references to this on the internet if you would look.

    http://www.nytimes.com/2012/02/03/nyregion/tickets-are-partners-of-taxes-in-city-budget.html

    No mayor for decades has been able to resist the lure of raising revenue with fines, the tax that dares not say its name. During one blitz in the 1990s, the city was ticketing electric pony rides outside stores on Myrtle Avenue in Queens. Around the same time, a driver in the Bronx discovered that the police had figured out a way to abruptly trigger a red light near the Bronx Zoo. They needed to bring fresh supplies of ballpoint pens every day to keep up with the workload of drivers caught running the surprise light.

    http://newamericamedia.org/2011/09/in-san-francisco-parking-tickets-are-the-new-taxation.php

    Once a deterrent to bad behavior and infractions, ticketing and fines have become an important revenue stream in cash-strapped cities like San Francisco. The city budget deficit was estimated at about $380 million for the 2011-2012 fiscal year. The crisis looming ahead is worse, with a deficit for 2012-2013 estimated at $408 million, and for the following year a $642 million shortfall.

    Many residents now feel that the city government has become a kind of Kleptocracy, a government run by thieves. That is, those in power tax residents through the form of heavy fines for much-needed cash, even as basic services are under threat.
     
  9. JimBowie1958
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    JimBowie1958 Old Fogey

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    Double post.
     
  10. Oddball
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    Oddball BANNED Supporting Member

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    Roberts is out of his fucking mind.

    Your links to new taxes are completely irrelevant, as those fines/taxes/fees are levied on one activity or another.

    The Roberts "tax" is charged on the basis of mere existence.

    Wake the hell up.
     
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