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Posts Tagged ‘SCOTUS’

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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