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Text of the page (random words):
e passage is from cbsnews but roberts pays attention to media coverage as chief justice he is keenly aware of his leadership role on the court and he also is sensitive to how the court is perceived by the public and that matters to the constitutionality or his job how there were countless news articles in may warning of damage to the court and to roberts reputation if the court were to strike down the mandate leading politicians including the president himself had expressed confidence the mandate would be upheld you re on the court and your first thought is how deciding the rightness or wrongness of a case will affect your press that is wrong on so many levels some even suggested that if roberts struck down the mandate it would prove he had been deceitful during his confirmation hearings when he explained a philosophy of judicial restraint uh yep in opposite world it was around this time that it also became clear to the conservative justices that roberts was as one put it wobbly the sources said meaning rather than deciding on the merits of the case in front of him he s not thinking of his press it is not known why roberts changed his view on the mandate and decided to uphold the law at least one conservative justice tried to get him to explain it but was unsatisfied with the response according to a source with knowledge of the conversation meaning his response made little judicial sense some informed observers outside the court flatly reject the idea that roberts buckled to liberal pressure or was stared down by the president they instead believe that roberts realized the historical consequences of a ruling striking down the landmark health care law there was no doctrinal background for the court to fall back on nothing in prior supreme court cases to say the individual mandate crossed a constitutional line except perhaps the constitution itself with you know enumerated powers the case raised entirely new issues of power never before had congress tried to force americans to buy a private product as a result never before had the court ruled congress lacked that power it was completely uncharted waters the kind that most people with jobs love to have because it gives them a chance to chart new territory and use their brains a little to strike down the mandate as exceeding the commerce clause the court would have to craft a new theory which could have opened it up to criticism that it reached out to declare the president health care law unconstitutional no no new theory required here just the old one that says the federal government has power over these enumerated things nothing else roberts was willing to draw that line but in a way that decided future cases and not the massive health care case and yet which case was on the docks again here is john yoo the outer limit on the commerce clause in sebelius does not put any other federal law in jeopardy and is undermined by its ruling on the tax power discussed below worse still justice roberts s opinion provides a constitutional road map for architects of the next great expansion of the welfare state congress may not be able to directly force us to buy electric cars eat organic kale or replace oil heaters with solar panels but if it enforces the mandates with a financial penalty then suddenly thanks to justice roberts s tortured reasoning in sebelius the mandate is transformed into a constitutional exercise of congress s power to tax which regarding the bold part above somehow conservatives are twisting themselves into thinking americans won t stand for all these new taxes ha and for those of you thinking as i was starting to we re revved up now no stopping the mitt romney train here s some money let s take em down linked here is the big gop plan that they as in the gop minority leader of the senate can t even muster a single coherent sentence on during a sunday talk show and boehner is he better nope here s a tweet on facethenation boehner says popular provisions of obamacare can be part of comon sense replacement legislation ht protein wisdom whose post starts out thusly we will fight and fight and we will repeal obamacare except you know for the popular provisions of a centralized state run top down authoritarian health care system run by bureaucrats somebody buy these people a clue no wonder roberts switched sides the right can t justify why obamacare needs to go they can t even understand what they would do in place of it you know you re in trouble when i can list out a replacement faster than mitch mcconnell can and poor justice roberts wouldn t have had a friend in the world if the mandate had been ruled unconstitutional and don t we all just want friends now i m not his friend but no worries he has the entire media complex not only being friendly but even coming up with why justice roberts and i should remain buds i don t think so share this email a link to a friend opens in new window email share on facebook opens in new window facebook share on x opens in new window x like loading are we ready for a new mandate now published june 30 2012 uncategorized 2 comments how about you have to watch political commercials because if politicians can t tell you their ideas how will you know who to vote for see it s good for you so i was trying to convince others of my thoughts on a mandate tax whatever how is this for a thought experiment does it work john ashcroft is the new ag and we have a president from the religious right giving to charity is good for you it s needed you have the money it makes you a better person new mandate you must give x amount of dollars to one of these specific and of course religious charities of course they can make a religious exemption to certain classes but no not for you i think it works as a thought experiment morgan is pretty sure that liberals can t do thought experiments and that s what makes them liberals he s probably right but i m keeping mine lined up unless you have a better one update neoneocon has a good snippet from a post from someone who is not necessarily conservative so far as i can tell from an initial reading of the 5 vote majority the court offers no functional reason whatsoever for its analysis of the taxing power indeed the court insults our intelligence by describing the conventional analysis of taxation under its prior precedents as somehow a functional approach page 35 of course there is nothing functional about its definition of the taxing power if the only relevant factors are the power of a taxed individual to avoid action or inaction that is taxed if the test is as chief roberts describes it paying the tax may often be a reasonable financial decision then congress will have fairly unlimited power to regulate any activity simply by imposing an exaction just short of what it would take to eliminate the activity altogether if the only other limit is that congress or the irs cannot penalize persons who choose to pay the tax by stigmatizing them as outlaws page 38 then such a limit is worse than formalistic it is not even consistent with the precedent doremus upholding the harrison narcotics tax how is such a taxing power consistent with any sensible notion of enumerating powers why would any sane framer whether hamilton or luther martin federalist or anti federalist ever agree to such an arrangement the court does not say share this email a link to a friend opens in new window email share on facebook opens in new window facebook share on x opens in new window x like loading q s otd published june 29 2012 calf blog election healthcare 1 comment there are soooo very many today let s start with kim strassel who s whole column is worth a read obamacare is alive and now we have us an election and in that vein is john galt over at threesources bold and brackets are mine finally they they being regular folk though his thought is was more specific may see a real difference between a country governed by democrats and one governed by republicans electoral politics is not just about guns and abortions anymore the debate will finally be about whether or not our government can make its citizens do things whether they want to or not thank you justice roberts for ripping off the band aid of liberty our polity may now either heal or bleed to death and of course the entire rnc new ad via hot air that is up and brilliant yes the rnc got themselves a ton of money yesterday along with mitt romney andrew saul on twitter thank you to everyone who donated at http www mittromney com today raised 3 2 million online counting fullrepeal 3 2 million in one day update the dollars raised yesterday by mitt and the rnc were 4 6 million from 47 000 people those were 100 donations my friends not from the millionaires that the gop theoretically have in their pocket go america and from our attorney general in colorado john suthers who keeps the message basic when you say this is a president who forces you to buy a product and tax you if you don t people understand that suthers said i think it helps my party my rundown roberts may have made a brilliant move if and only if the election is so clear in november that we never end up with another obama again that s a big if and his legacy will depend on it either way it s on and i along with others are fired up i even got into it on facebook yesterday which i have not done in the past no more holding back from me nosirree this is the fight and today in honor of the opinion and eric holder s deep respect ha for his being in contempt of congress we ll give you a nice friday calf blog does that make it a calf pie update perhaps a more realistic view out of commentary ht jg but really do we need to be realistic there is something to that feeling of hope no matter who co opted the term conservatives who are finding solace in potential political implications that the decision will unite the tea party behind mitt romney that obama will get tagged for increasing taxes etc are setting themselves up for disappointment as of march only half of americans even knew that obamacare was still on the books as of today they re going to be bombarded with the message that obama won that the supreme court signed on to obamacare and that anyway the issue is closed and we need to be talking about jobs the saddest thing i have seen in all of this comes from those with no real beliefs only what benefits them or eh it s something to try or it s a step in the right direction it must be empty to live without believing in anything i m not talking about god i m talking about any driving core belief on which you base your decisions and opinions like freedom or the constitution or yes god something actually commentary left jg with an actual realistic hope vs the unrealistic silver lining kind read the whole thing because it s a good and accurate twist that brings up back to kim strassel and her now we have an election hopefully the people become engaged share this email a link to a friend opens in new window email share on facebook opens in new window facebook share on x opens in new window x like loading f tempered after sleep published june 28 2012 healthcare leave a comment too bad the court is so partisan what sort of country do we live in anymore update i don t even know why i m so surprised this is the same court plus 2 new liberals who passed kelos thank god i ll have coverage for my mental health now update 2 amen jeff amen share this email a link to a friend opens in new window email share on facebook opens in new window facebook share on x opens in new window x like loading fires published june 27 2012 uncategorized 1 comment the fires in colorado have gone nuts as we brace for more heat give these folks a prayer or two some of them are related to me share this email a link to a friend opens in new window email share on facebook opens in new window facebook share on x opens in new window x like loading random thoughts published june 27 2012 uncategorized 2 comments romney s quote yesterday is not good if it s not if obamacare is not deemed constitutional then the first three and a half years of this president s term will have been wasted on something that has not helped the american people said romney offering his most scathing review to date of obama s tenure should the plan be struck down i would suggest that if obamacare is deemed constitutional then the first 3 1 2 years has been wasted on something that will not help the american people else why would he want his first action to be getting rid of it cnn thinks we are too nosy when it comes to fast and furious we should just leave the government alone when it comes to working for our good and our good in this instance is what by allowing guns to infiltrate mexico s drug cartel we thought we could trace them up the ladder to the leaders take off the head and the body dies as for the innocent people who lost their lives collateral damage that s the uncomfortable backstory to this scandal and there are likely other operations like it in our nation s history that we don t even have a clue about and maybe it s better for us not to be so nosy not to know everything because to paraphrase the famous line from the movie a few good men many of us won t be able to handle the truth me thinks the author has mistaken the point of the movie of a few good men we can handle the truth and none of us are sure that the point of f f was to take off the head and the body dies vs let loose the guns so we can tighten the laws too stupid for too many words epa fines oil refiners for failing to use nonexistent biofuel lol share this email a link to a friend opens in new window email share on facebook opens in new window facebook share on x opens in new window x like loading next page rss feed blogroll about animals ace of spades bad data bad big government bloodthirstyliberal dinocrat diplomad 2 0 drudge report environmental republican hot air house of eratosthenes hyscience 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