Tuesday, March 28, 2017 11:55

Posts Tagged ‘Obamacare’

Iowahawk provides the final word on John Roberts’ sophistry

Saturday, July 7th, 2012

– Wiccapundit

Forget all the pundits (including yours truly) trying to square the circle on Roberts’ convoluted reasoning.  Iowahawk has it clearly spelled out for you right here:

DNC Scientists Disprove Existence of Roberts’ Taxon

 

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Yet another further, different ObamaCare SCOTUS post

Monday, July 2nd, 2012

– Wiccapundit

Having now read more teeth-gnashing opinions from conservative pundits on how the Right really got its clock cleaned with the Sebelius decision, I have a few additional thoughts.

First, the idea that Chief Justice Roberts ruled as he did in order to curry favor with Left-leaning opinion-makers and the Georgetown cocktail party set seems really feeble.  If Roberts was truly a “stealth” liberal, why did he rule the way he did in Citizens United?  The Left’s equivalent of Roe v. Wade would have seemed to be a worthy candidate for a decision to obtain for Roberts the approbation of the Left.   Why did he wait until now to reveal his colors?  Anyone espousing this view needs to provide more support for it than simply claiming that Roberts is a “traitor.”

Second, if this is decision such a disaster for the Right and such a huge win for the Left, why were the liberals on the Court –  particularly Ginsburg – so peeved by the decision?  They issued a concurring opinion roundly criticizing the Chief Justice’s reasoning, but nonetheless had to swallow their distaste and sign on to Roberts’ opinion in order to obtain the result they so clearly desired – the upholding of the ACA.

What this appears to me is a fixation among conservatives with the outcome at the expense of the reasoning.  Roe v. Wade is roundly (and rightly) criticized for slipshod legal reasoning in Justice Blackmun’s opinion.  If the result of the case – overturning states’ abortion laws – had been done by an act of Congress, conservatives would still be unhappy, but not as unhappy has having a specious “right” created out of thin air where none exists under the Constitution.  It is more important in my opinion to focus on how the Court reached its result, rather than simply foam at the mouth about how bad the result was.  Really, does any conservative want to be seen as the same kind of mewling, whiny, punk-ass bitch as the Wisconsin Weeping Boy? (“This was the end of democracy. [sniff] The end of the USA as we know it just happened. [sniff]”).  To those on the Right, I say: MAN UP!

Here, conservatives are unhappy that ObamaCare has been ruled constitutional and direct their ire at the Court for allowing it to stand.  Forget that it took one vote – Republican Olympia Snowe’s – to send the bill out of Senate committee to a vote.  Forget that it took arm-twisting and bribes by the President to get it passed by the Senate, which Republicans were unable to prevent.  Forget that it took parliamentary shenanagins to get the monstrosity passed by both houses of Congress.  Conservatives failed politically, and were looking to the Supremes to save them – never a safe bet (See, e.g., McConnell v. FEC, the Supreme Court decision that initially upheld the McCain-Feingold assault on free speech.  George W. Bush signed that POS law assuming that the Supremes would overrule it, thus allowing him to appear to be for it when he was really against it.  Well played, W. /s).

Fix the problem with the ballot box.

Kwitcherbellyakin.

(For a more thoughtful analysis in concert with my view, read this: The Chief Justice Done Good.)

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SCOTUS Update: John Roberts – Caterpillar Wasp?

Thursday, June 28th, 2012

– Wiccapundit

By now I have read most of the commentary from the Right regarding Justice Roberts’s ObamaCare opinion – ranging from “he’s a traitor” to “crazy like a fox” or something like that.  I am tending toward the latter view.

Here’s what is clear from the decision:

ObamaCare is constitutional.

The “mandate” is not a mandate – it’s a tax.

Congress does not have the power to compel U.S. citizens to buy products or services, unless it is enforced through a tax rather than a penalty.

The Commerce Clause can not be used to force a citizen to engage in commerce.

ObamaCare is constitutional because it is based on a tax, not a penalty.

I am beginning to wonder whether Justice Roberts is playing the “long game.”  Has he read his Sun Tzu?

Be extremely subtle, even to the point of formlessness. Be extremely mysterious, even to the point of soundlessness. Thereby you can be the director of the opponent’s fate.

By basing  the constitutionality of ObamaCare on the taxing power of Congress under the Constitution, he has done several things:

 –  By upholding the statute on a 5-4 non-partisan basis, he has emasculated any argument from the Left that 5-4 decisions of the Supreme Court are inherently “political” and improper.  Whenever the Left raises Bush v. Gore, conservatives can respond with National Federation of Independent Business v. Sebelius.

–  The Court has established that Congress CANNOT use the Commerce Clause to exercise unlimited power – this is now the law of the land.

–  ObamaCare will now be a centerpiece issue in the 2012 Presidential campaign, something that Obama would dearly love not to be the case.

– Any future gross exercise of power by Congress will have to be framed as a tax to survive constitutional scrutiny.  Voters are not terribly inclined toward extensive tax increases.

–  The Court’s opinion has given the Republicans a perfect campaign ad: Obama in 2009 insisted that the mandate was not a tax.  Now that the Court has ruled that the only way ObamaCare is constitutional is if the mandate is a tax, Obama is shown to be a craven liar.

The tiny caterpillar wasp lays its eggs inside a caterpillar.  The larvae then eat their way out, consuming the caterpillar from the inside out.  Does the ObamaCare decision do the same to the Left’s plans to remake America through the power of unlimited Commerce Clause-based legislation?  They “won,” but did they really?

 

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Be careful what you ask for, Lefties

Thursday, June 28th, 2012

– Wiccapundit

Not much to say about the ObamaCare decision.   It is what it is.

Here’s what I think.  Leftists will come to regret this decision, when the inevitable Republican administration with a Republican Congress decides to gore one of Liberalism’s oxes.  Say, abortion or gun control.

1. Congress passes a law requiring that before obtaining an abortion, you MUST get counseling on alternative options and sit through lengthy video presentations of what happens during an abortion.   Don’t want to do it?  OK, just pay the substantial tax Congress imposed, like the ObamaCare decision says Congress can require you to do.

2. Congress passes a law (like the one in Kennesaw, Georgia from 1982) requiring all citizens to purchase a firearm and ammunition, in order to increase public security and reduce crime.  Don’t want to do it?  OK, just pay the substantial penalty – er, tax – which Congress thoughtfully set at $10,000.

I think Barack Obama will come to regret this decision as a Pyrrhic victory.  In the end, he will be voted out of office, ObamaCare will be repealed, and the Supreme Court decision upholding it will be relegated to a dusty footnote of interest only to law students suffering through Constitutional Law class.

Careful what you wish, you may regret it

Careful what you wish, you just might get it

– Metallica

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Obama, Liar.

Monday, August 16th, 2010

– Wiccapundit

From Doug Ross @ Journal:

Didn’t the President himself say, “I want seniors to know, despite what some have said, these reforms will not cut your guaranteed benefits.”  That’s what President Obama told us, endlessly and repeatedly, for months on end.  Do you mean to say he was lying?

Oops, he was lying.  Apparently, Sarah Palin was right about those death panels.

(via doubleplusundead)

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Is Your PC Red?

Sunday, April 25th, 2010

– Elphaba

Here’s the lasted Commie Tunes from Commie Blaster:

George Soros seems to pull the strings of the Obama administration…this postulates that he controls much of our information technology, as well, particularly Google (no surprise).   Apple and Microsoft apparently have similar political leanings, and are directly influenced by Soros’ “open society” (i.e., socialist) vision for the world.  Pay particular attention to part where Bill Gates is discussing ways in which to reduce the world population (this is particularly creepy): vaccines, health care, and reproductive health services (code words for abortion).  The abortion part, I get.  No babies = fewer people, if that is your objective.  But vaccines and health care are supposed to improve life expectancy, so WTF does he mean by that statement?  It sounds kinda sinister.

Discuss amongst yourselves.

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Idiocy Overload

Thursday, April 22nd, 2010

– Elphaba

It’s not that I’ve had nothing to post about, it’s that there is too much to post about, and real life gets in the way of sitting down and composing my thoughts.  Too much nasty shit is coming down the pike, and it sometimes gets overwhelming to to contemplate it all.  For instance:

Honestly, it just goes on and on and on and on.  No time for a breather.  We are swimming hard just to keep our heads above water, and it would be nice to see the tide turn in our favor.

But enough about what’s bothering me.  Let’s talk about you.  What’s going on with y’all right now?

Oh, and Aggie,  what do you think of these?

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The verdict is in: the People begin to push back.

Monday, April 5th, 2010

– Wiccapundit

Not only are a large number of state attorneys general pursuing suit against the Federal government to stop the imposition of Obamacare, the first private lawsuit has been filed.

Two men, including a Mississippi state senator, have filed suit in Federal Court seeking injunctive and declaratory relief against the Federal health care “reform” law.

Interestingly, this article at Andrew Breitbart’s Big Government notes that the individual mandate that has so alarmed everyone, cannot, in fact, be enforced!  The Act specifically prohibits the impositions of criminal penalties for non-compliance with the requirement to buy insurance.  Furthermore, the Feds cannot file liens against your property or levy it to enforce any civil penalty.

If there is no enforcement mechanism, then the insurance mandate (the centerpiece of the legislation) is toothless.  If there is no enforceable mandate, then the entire sack of wet brownies that is Obamacare is also toothless.  Ergo, FAIL!:

“Game over man! Game over!”

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Friday Funneh: The joke’s on you, Obama voters.

Friday, April 2nd, 2010

– Wiccapundit

Put this one in the black comedy bin:

Ah, the delicious schadenfreude.

From Drudge via Small Dead Animals.

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What could go wrong?

Tuesday, March 30th, 2010

– Wiccapundit

Yeah, it’s a few days old, but it’s still funny:

From Hillbuzz.

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