Thursday, June 28, 2012

Obamacare Upheld by Supreme Court

Dear readers,
I haven't had time to download read the entire Supreme Court Opinion because I was in my car when the news came across Swiss radio. At first, I thought they had got it wrong, and misunderstood the decision vote. Then, the voice said, one of the conservative Justices sided with the liberal Justices to form the 5-4 majority. I knew then the Swiss had got it right. I then thought that perhaps Justice Kennedy had voted with the majority, but there was no detail in either the Swiss or French radio report, which I then turned to.
I have to say I was stunned. It was one of those moments when you know you will remember for the rest of your life where you were and what you were doing when you heard the news.
After reading the Opinion, I will comment in detail, but I would like to give you my first reactions to the US Supreme Court's decision in the Patient Protection and Affordable Care Act, i.e., Obamacare.
Why is this decision so important?
Because it drives a stake through the individual liberty enshrined in the American Constitution. When I found out that it was Chief Justice Roberts who held the stake so that the four liberal members of the Court could pound it into the heart of the American vision of liberty, I felt faint.
What the Court ruled is that while the Commerce Clause does not allow Congress to enact legislation that requires individuals to purchase anything, the taxing power of the Constitution allows Congress to tax those who choose not to do the "thing" if they have sufficient wealth or income to pay the tax.
The silly "if it walks like a duck and quacks like a duck, it must be a duck" aphorism comes to mind. Or as Abe Lincoln liked to explain such events, "How many legs does a dog have if you call the tail a leg? Four. Calling a tail a leg doesn't make it a leg."
A construction of the penalty levied on those who choose not to act to have health insurance that makes the penalty a tax does not make the penalty less unconstitutional under the Commerce Clause, as even the majority apparently wrote in their Opinion. We will follow this after I have read the full decision.
I fear we have entered a new age in constitutional interpretation. It runs along the lines of "if you cannot use the Commerce Clause, try taxing." Or some other trick, because we now know that the federal government is not to be constrained, not even by the Constitution.
So, we will now face taxation for what? Not choosing to vote? Not choosing to join a union? Not choosing to keep your children at home until they are 26? Not choosing to play basketball? The possibilities are endless.
And, they all add up to one thing - Americans have had their individual and personal liberty to act or not to act cut off at the knees.
"The price of freedom is eternal vigilance" was never more true. It is time to take back the Constitution from those who would simply post it as a relic in the Supreme Court Rotunda and make it live again. Because America is special and it is the Constitution that makes it so.

12 comments:

  1. BRAVO ... BRAVO ... BRAVO

    I'll save my comments for an hour or so. Until my anger and disappoint settle a bit.

    When I first can across your blog I knew you were conservative, I thought though NOT like me. Ugh! Wrong again. We're you a trial att'y? Must have been a mighty force in the courtroom or boardroom.

    Talk to you in a couple hours.

    Bye and Tks a lot. You lightened the burden I've been carrying for the past few hours.

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  2. This is a travesty for the American People and what is being crammed down our throats. I thought this was a Democracy and we enjoyed more freedom than other Country on this planet. What has happened to us? Is it all Obama and his wish to make us a Socialist Nation? I have seen Presidents I was not fond of their beliefs, but this man scares me and what he will go to all ends to achieve at the expense of our FREEDOM.

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  3. I just lost my entire comment - sun spots or bad typing. Here we go again.

    "A tree is a tree. How many do you after look at before you recognize John Roberts for what he is".

    I'll accept your legal opinions. I'm sure they are all exact and factual without bias.

    My problem is with the Chief Justice. How can a man who just such a short time ago was called "too conservative to serve on the court as a Justice let alone in the blink of a eye becoming Chief Justice.Has he become that enchanted with being the golden boy of the inside the parkway elites that he forgot why he's where he is and who put him there! Many hard working conservatives supported his elevation to the highest court. Today's action was not a knee jerk decision. At the justices round table discussion after verbal arguments he spoke first. Maybe that's why there hasn't been much speculation from the WH as to this vote. A private leak is within the realm of possibility- only possible I say.

    Today our Constitution was assaulted by a small exploratory band of assailants. They were after one thing - some of our freedoms. They got what they wanted. But be warned they will be back for more. These assailants have identified a weak spot in the fence. Now they can come and go as they wish. And the sentry that's posted at that point in the wall will help them in and out as they ask. For you see he wants to be their "golden boy". He wants to be on the "A" list of these Washington elite liberal/socialists in a few cases. And now he can be one for he has paid his dues. These dues were expensive, make no doubt. They cost this naive jurists his soul, his honor, and his dignity of the people that would have stood by him and defended him through the worst of times. HIS NEW FRIENDS WON"T, but he doesn't know that yet. He basking in the glory of being a turncoat. A modern day Benedict Arnold so to speak.

    IF Obama wins reelection in Nov. (and that suddenly looks very possible) the real problem arises. As you said where does this stop. Whats next a tax for having 4 kids. How about a tax for not hiring an illegal immigrant, not having the right car. Will be asked to give up our home to someone less fortunate due only to their lack of success because they different (in any varsity of ways) from you. How about a poll tax and the better of you are the higher the tax. tax.

    Friends I am actually sick to my stomach over this today. If crying was in my nature I think I would have today. I consider my self a patriot. I have given many long years to this republic and today (at least just today) I wonder why. But the skies have been blacker before with storms of doom. We fought then and we will fight again.

    Sleep well tonight. Right is on our sides

    "It is not the critic who counts: not the man who points out how the strong man stumbles or where the doer of deeds could have done better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood, who strives valiantly, who errs and comes up short again and again, because there is no effort without error or shortcoming, but who knows the great enthusiasms, the great devotions, who spends himself for a worthy cause; who, at the best, knows, in the end, the triumph of high achievement, and who, at the worst, if he fails, at least he fails while daring greatly, so that his place shall never be with those cold and timid souls who knew neither victory nor defeat." T. Roosevelt (I know another progressive)

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  4. I am just so let down by today's outcome. It's hard to believe that we are nearly at the edge of the cliff and the effect of a fall are just mind boggling. Although I tell myself that we've seen worst and better, and were still here trying to make this great experiment in self government work.
    As my friends in Special Forces say: Today is over, Tomorrow brings us new opportunities to get it right.

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  5. The one man platform that Obama, ran on was "Change." He didn't say what would change and no one seemed to ask the right questions as to what needed to change. The concern of Obama, is like Marie Antoinette, when told the people had no bread, she said, "let them eat cake." He's only interested in making us a socialistic country. It reminds me of the way people sat back and said, "what can one woman do?" when it came to prayer in the schools. Well we found out what one woman could and did do. I'm thinking that just maybe the American people are so satisfied with the status quo, that they don't see their freedoms being eroded away. The apathy in this country is appalling. Have they forgotten the cost of freedom? To many men and women have fought and given their lives for this precious freedom we have that no other country experiences like we do. It's like the frog that's put in the pot of cold water, then the fire is put under it and he's lulled to sleep as the water warms, never realizing his goose is cooked.
    Your favorite quote is also mine. When I saw it at the Jefferson, memorial in D.C. I wrote it down on my check book. This was several years ago now and I have quoted it often to people. This vigilance will manifest itself in ways we may not want to see. I'm convinced there are those who still love this country enough to still risk their lives for this freedom. I don't want to see the bloodshed that might occur to protect this freedom here in our country not some far off land.
    People can just be pushed so far and then they get their back up, and say your freedom ends where my nose begins.
    Our forefathers had such wisdom, why would we want to do away with what the drafted. It's worked for over 200 years, it's still good today.

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    1. Your right. Freedom is certainly not free not at all. There are millions upon millions who would do anything not to lose their freedom. Complacency is something we drift in an out of. We drifted out of it long enough to fight The Civil War against our self's for freedom, WWI, WWII, Korean War, 10 years Viet Nam War, 10 years in Iraq ,10 years in Afghanistan, small numbers and shorter time in Columbia, Panama, Granada, Mogadishu all when we pushed to the limit

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  6. It used to be just little old me making my one-line comments, sometimes sarcastic and sometimes not. But, now, WOW I am impressed be the depth of the new commentators. Casey-pops, you've come a long way baby. Keep the good fight going.

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    1. One little old you spawns a lot. A good blog sincere commenter and puff. People have had it. They are looking for truth, justice, and the American way back in their "leaders". Keep up the good work.

      The tea Party grew out of the original uproar over Obama care. Can you imagine whats going to take place

      After today's desecration of our constitution:

      'WATCH OUT WORLD HERE WE COME AGAIN'

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    2. I have been having trouble with my computer/internet connection all day. Please forgive the above comment dated 6/28 at 8:08 PM or kindly ignore at least the first paragraph anyhow

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  7. Today a monstrous assault on our constitution and our personal liberty and freedoms. Today's decision is an appalling, disgraceful decision to serve a rather obvious end. Legacy of one man - John Roberts

    Today and tonight there have been plenty of "court experts" trying to explain what happened today. It seems that most of these expert agree on two points:
    1. That the dissenting written opinion has a tone to it that suggests that John Roberts was going to be part of that decision and that it was to be the majority opinion.
    2. That the majority decision opinion had a tone to it it was going to be the dissenting opinion

    Given what happened if this is true someone suddenly changed their position. That could only be John Roberts. WHY?

    The why is somewhat simple. Chief Justice Roberts found a way around an UNCONSTITUTIONAL POINT became an activist for whatever reason and came up with the TAX idea. President Obama has been steadfast in his denial that the personal mandate clause was really a tax since 2009 an interview on ABC and in other various outlets. The Chief Justice has been voting with the 4 liberal justices more and more throughout this court session. Today in fact he voted with he liberal group of justices on 2 other decisions.

    The Chief Justice is simply building his legacy. But he's going about it all wrong isn't he. Shouldn't his legacy be build on his solid support and voting record supporting the constitution. Not making the constitution a living document that can be changed at a whim for ones own image.

    I remember when I was in college and in Dc the discussion on who is really the most powerful person in Washington DC. Is it the President, Chairman of the FED or the Chief Justice of the Supreme Court. Today readers it was clearly The Chief Justice. The overall winner from today activity was the President. And the loser was the constitution and all who believe in this document.

    Thank you indulging me today. I don't think I've ever been so upset. Excuse my internet connection too.

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  8. Since you are the lawyer Casey Pops this question is proposed to you.

    On September 20, 2009 on ABC news in a one on one interview Obama said that the mandate was intended to make sure that "EVERY INDIVIDUAL PULLS HIS OWN WEIGHT AND THAT A BURDEN TO PAY FOR THOSE WHO COULD NOT WOULD NOT FALL ON CAPABLE INDIVIDUALS ... IT WAS NOT A TAX".

    So after yesterdays ruling in which Roberts said the mandate is constitutional if it is a tax instead (ie: the executive branch can present a bill containing a new "taxes law" vs using the Commence Clause of the Constitution).

    Question has the SCOTUS just written law rather than simply interpreting the constitutionality of a PROPOSED LAW being challenged by an individual and/or group of interested citizens. If so is the proceedings MOOT because the Supreme Court acted outside it's constitutional boundaries. As a lay person I think that's what just happened.

    Have a wonderful day - better than yesterday anyhow.

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  9. Terry Moran of ABC Nightline program sitting on a special ABC panel to discover just what happened at the court yesterday said and I've cut and pasted his exact words:

    "The justices have seen the esteem for the court diminish over these hyper partisan years. Since Bush v. Gore, polls show Americans feel less confident in the court. The court has no way to enforce its decisions except in the confidence of the people".

    WHY is it partisan politics if the court votes 5 to 4 with republican conservatives on the court voting the 5. Yet if it's the 4 left wing democratic justices joined by a single Bush appointee it's positive constructive statesmen ship in "rebuilding" the courts image.

    If the court has an image problem maybe the court should internally examine the problem. Not ABC news staff.

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