America After ObamaCare

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To be sure, the ruling may have the effect of re-energizing the Tea Party and creating another electoral tsunami, as happened after the ACA was passed into law in 2010. (If such a tsunami does slam into Washington this November—and the GOP wins a slim Senate majority—Sen. McConnell would be well within his power and rights to pass the ACA repeal under the same un-Senate-like, simple-majority rules Sen. Reid rammed through the original ACA.)

But that’s all beside the point. Roberts is right to say that the Court’s job is to interpret the law and steer clear of policy judgments. Yet he seemed to do the very opposite with this decision, wading deep into the policy debate by rewriting the law, even relabeling parts of it to make it pass his definition of constitutional muster. If the individual mandate wasn’t a tax when Congress passed the bill—and all of the ACA’s advocates, especially President Obama, said it wasn’t—it is not the Court’s job to help Congress out of an unconstitutional fix of its own making. “The court imposes a tax when Congress deliberately rejected a tax,” as Justice Anthony Kennedy matter-of-factly put it. “The values that should have determined our course today are caution, minimalism and the understanding that the federal government is one of limited powers,” he wrote. “But the court’s ruling undermines those values at every turn. In the name of restraint, it overreaches. In the name of constitutional avoidance, it creates new constitutional questions. In the name of cooperative federalism, it undermines state sovereignty.”

That’s the worry we are left with. Is this nation that was founded on the rule of law and limited government, on shared powers between federal and state governments, on individual liberty and free enterprise, nearing a tipping point where liberty is limited but government is not, where so many people depend on government for so many things that the incentive to produce disappears, where tricks and word games and lies are employed for after-the fact justifications of bad law? Or are we at the threshold of a turning point, when things are brought back into balance?

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  • H&R_ Barack

    The Supreme Court & Obama Lies – Patients Die.

    OBAMACARE: Where Hearse & Nurse are relative terms.

    Why else would Barack Obama, Nancy Pelosi, Harry Reid, John Boehner, and Mitch McConnell exempt themselves from the LAWs they pass for the plebs?

    • stevefraser

      Will the GOP use this against Ocare?…Nope.

  • Bud Macfarlan

    Roberts flubbed Obamas swearing in on the Bible.
    Roberts opens the door to swearing in a Dhimmi Tax for Obama.
    Nothing is a coincidence.

  • Long Ben

    The way John Roberts jumped through his arse to uphold OBAMACARE! , one can not help but wonder , was he perhaps made aware that his was one of those raw FBI files that Clinton thug Craig Livingstone illegally obtained and databased ?

    • Jim_C

      Roberts ruled in a way completely consistent with his previous rulings.

  • Bill_H

    Obamacare should be renamed Commie-care, and history has demonstrated many times that Commies don't give a dam about anybody but themselves.

    • Jim_C

      Obamacare is barely even socialized, much less "commie." It barely scratches the surface of the type of healthcare every other advanced, industrialized nation has.

  • jppc

    Personally, I think it's too late. The firewall of the Constitution has been breached. We are not free men anymore; we are merely subjects whose lives are planned and controlled by Father Federal Government.

    Nearly all of Wash DC and the institutions of society are run by left-liberals. Time to wave the white flag.

  • mrbean

    The United States Supreme Court made a horrible decision on repealing the Stolen Valor Act which deals with penalties for lies. In throwing out the Stolen Valor Act, the Supreme Court basically said it’s OK to openly lie about being in a theater of combat, or being a decorated military hero with the Medal of Honor, Navy Cross, etc.., or a colonel even if you were only a private, or for that matter being in the military when you were never in at all. So I guess alot of real heroes died face down in the mud so the wannabe phonies could be the wannabe phonies they are. Between the nullication of the Arizona law illegal alien hiring on the bases of "potential not actual" racial profiling, the 5 – 4 upholding of the unconstitutional Obamacare on the basis that a fine is a tax is an ultimate stretch, these are troubled times indeed.

  • WilliamJamesWard

    America after Obama will be Amexistan and penniles, the damage being done brings us to
    the end of prosperity, freedom and the potential of good in our futue. Hopey, changey, dopey
    financial death by way of misuse of government funds, misuse being outright theft and fraud
    is Obamanism at it's high mark in destroying America. His administration is doing the unthinkable
    and that makes it hard for everyday people to understand how events will take them to ruin.

    Who is supposed to be watching out for American tax payers, the Congress, what a horrible thought.
    If we do not vote in a new government in November and take serious action to restore safeguards
    to our wealth we will be as a Nation, seriously over…………………………..William

  • Ronald Johnston

    America is not gone!!!! There are still some of us who will have to be buried before these evil muslims can take over!!!!

  • Jim_C

    I must say I do look forward to Mitt Romney's inevitable contortions when he tries to explain what he doesn't like about the ACA. Aside from helping create the model for the ACA in Massachussetts, he has already essentially said he likes everything about it except the paying-for-it part. And all Obama has to do is simply play clips of Mitt selling and defending the structure of the ACA.

    • stevefraser

      Why can't Mitt say " I tried it and it didn't work". He has an even more powerful case than if he never did RomneyCare.

  • HPD

    It MAY not be Justice Roberts job to save US from our political decisions, but it IS his job to save the US CONSTITUTION from those who would defile it.

    That would be Obama the smiling marxist…