Supreme Decision: The Best Possible Result for 2012

David Horowitz was one of the founders of the New Left in the 1960s and an editor of its largest magazine, Ramparts. He is the author, with Peter Collier, of three best selling dynastic biographies: The Rockefellers: An American Dynasty (1976); The Kennedys: An American Dream (1984); and The Fords: An American Epic (1987). Looking back in anger at their days in the New Left, he and Collier wrote Destructive Generation (1989), a chronicle of their second thoughts about the 60s that has been compared to Whittaker Chambers’ Witness and other classic works documenting a break from totalitarianism. Horowitz examined this subject more closely in Radical Son (1996), a memoir tracing his odyssey from “red-diaper baby” to conservative activist that George Gilder described as “the first great autobiography of his generation.” His latest book is Take No Prisoners: The Battle Plan for Defeating the Left (Regnery Publishing).

Twitter: @horowitz39
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Politically speaking there couldn’t have been a better Supreme Court decision. If Obamacare had been declared unconstitutional, the Democrats’ campaign in November would have been those horrible Republicans have politicized the Supreme Court and denied affordable healthcare to everyone. The focus would be on the court’s “unfairness.” The Democrats would have a plausible if unfair case (and in politics lack of fairness is a given). Advantage Democrats. Advantage because the last things they want to talk about are Obamacare and taxes. And that’s the second big plus from this decision. The focus – thanks to Justice Roberts – is going to be on the biggest tax increase in human history on everyone, not just the rich. And on the lies of Obama which dwarf those of Clinton. Obama promised no tax hikes on the middle class and then defended Obamacare before the Supreme Court as …. a tax.

As for the constitutionalists. Roberts’ argument makes sense to me. Yes the power to tax is the power to destroy, but it’s in the Constitution. So this decision doesn’t really change anything constitutionally. If you don’t like Obamacare, the remedy is to repeal it. Let the elections begin.

  • BLJ

    I agree with this assessement. What Romney and the Republicans have to do is show the middle class how hosed they are going to get with this HUGE tax increase. Make the Dear Leader defend this position along with the rest of his miserable policies.

    The Dems and their MSM shrills will declare a victory, but they are stupid and short sighted.

  • Turna

    I agree with you David. "Read my lips" sunk George H. W. and "no taxes on anyone making less that 250K" is going to bite this administration. Democrats have nibbled for decades. They decided to bite a chunk. It's going to bite them back.

  • Zundfolge

    "Politically speaking there couldn’t have been a better Supreme Court decision."

    Except that we've traded basic liberty for short term political gain.

    Even if ObamaCare is repealed, the precedent has been set that the Federal Government can force anyone to do (or not do) anything and punish them with a "tax" if they don't comply. There is now no unconstitutional act that they can't force upon the American people and ever hope to get relief from the SCOTUS.

    The destruction to liberty is actually worse than if Obama were to suspend the constitution, execute congress and declare himself "Supreme Chancellor for Life" … at least that indignity could be ended with a single bullet, this damage to liberty will have ripple effects through future law for generations, enslaving those generations to the whims of bureaucrats and statist thugs in DC.

    This is the darkest day in American history since the declaration of war against the south.

    • Amused

      I guess you forgot who fired the first shot and started the first battle huh chump ?

    • Steeloak

      You had me agreeing with you right up to your last sentance, then you blew it.

      If the South had not fired upon Ft. Sumpter, there would not have been a Civil War. They gave the Union justification for attacking the South by attacking the Union first.
      I also hope you are not implying that the South losing the civil war was a bad thing? The start of any unnecessary war is a dark day, but the liberation of millions of slaves was a cause worth fighting for.

      • Zundfolge

        All I meant was the day war was declared was a dark day for the nation and today was on the same level of dark.

        I'm no Confederate apologist.

      • http://www.facebook.com/james.c.reddig James Charles Reddig Jr.

        Or we could just be smart and not have bad ideas put in place and start wars that do nothing….

  • AntiSharia

    " If you don't like Obamacare, the remedy is to repeal it." Easier said than done. The GOP must win the Senate, which means a minimum of four seats, and win the Presidency, and it's never easy to defeat a sitting President. The mandate was not a tax, the administration went out of its way to stress that point. The court in a disgusting display of judicial activism created a tax out of thin air because they didn't have the guts to do their constitutional duty and declare an unconstitutional law to be unconstitutional. It seems to me that the bullying campaign of the left rattled the Chief Justice.

    • BLJ

      How in the hell a Cheif Justice of the Supreme Court can be bullied by wussies like Obama and his friends is beyond me. Obama is the definition of the term "wimp". I stil thinks this blows up in his bony face.

  • CarolLK

    It's not all bad news. This decision reinvigorates the Tea Party. It shows those sitting on the fence that their taxes WILL increase under Obama — and that he lied when he said they wouldn't. And the decision also means that the 26 states which want to opt out of taking more people on Medicaid rules don't have to — and they won't have other Medicaid funding withdrawn by the Feds. ObamaCare = ObamaTax! That election slogan has a nice ring to it!!

  • Questions

    It would have been far easier for the Supreme Court simply to invalidate the law. Why wait for Congress to undo that which it had done? If Obama is re-elected, you'd need a veto-proof, two-thirds GOP majority in each of the House and Senate for that to happen — which is to say, it ain't gonna happen. Even with Romney in the White House, I doubt Congress will act, especially since Obamacare to some extent is based on Romneycare in Massachusetts, and because the pressure on Romney to be "compassionate" will be enormous.

    Anti-Obama sentiment isn't as powerful as people here think. And I work on a simple premise; Anyone who can get himself elected President can find a way to get himself re-elected. Obama defeated McCain by seven percentage points in 2008, and a lot worse in the Electoral College. Can he defeat Romney in 2012? You bet he can. And if Mittens doesn't go after Obama on the immigration sellout, I'd put my money on Obama winning a second term.

    David Horowitz' piece has the word "spin" written all over it. He's smiling through clenched teeth. Face it, sports fans: We lost this one.

  • guest

    haha, points for trying to make lemonade!

  • http://www.resonoelusono.com/NaturalBornCitizen.htm Alexander Gofen

    "… denied affordable health care to everyone"?!!

    Who owes health care to EVERYONE?!! And who can afford health care to EVERYONE?!! You do not notice the stupidity of your own demagogy Mr. Horowitz…

    The Health care bill was presented not as a tax increase. Is it logical now to reinterpret it as a tax increase?!

    How can a tax increase follow from the US Constitution which explicitly enumerated just a few particular things which the Federal Government can control, and Health care is not in that list?

    How can any tax increase follow from the Constitution if the taxes then were not imposed on the US citizens at all, but were collected as tariffs of foreign trade instead?

  • Amused

    It's Constitutional , so says the Supreme Court …..deal with it . Maybe the Republicans will get off their arses and do something about healthcare in this country besides saying NO .

  • Amused

    ….and yea , Conservatives lost this one . And yes David is smiling through clenched teeth .

  • Steeloak

    While I agree with you David, that this is the best possible outcome politically for Romney & the Republicans, it raises several troubling issues.
    1. While congress most certainly has the power to tax, it was extreme convoluted logic the led to calling a penalty for failure to comply with an unconstitutional mandate a tax. The obvious counter argument is that if the mandate is unconstitutional, any part of the law enabling penalties – or taxes for failure to comply must also be unconstitutional. Just as in contract law where if you are forced into a contract against your will, that contract is invalid and cannot be enforced.

    2. Even if Obamacare is ultimately repealed in it's entirety, this decision will enable any future congress to pass unconstitutional legislation that mandates behaviour on the part of citizens, simply by attaching a penalty for failure to comply with the mandate – this is an extremely dangerous precedent! Given this ruling, it may take a constitutional amendment clarifying or limiting the congressional power to tax to prevent future abuse.

    • Steeloak

      3. If the election this November fails to give us a Republican super majority with the power to override the certain Democrat fillibusters, we could end up with both Obamacare and this hideous court precedent.

      I truly fear for the fate of the America I grew up in and love dearly.

  • Sage on the Stage

    One thing no one has mentioned–yes, Obamacare is now being touted by the Dhimmicrats as a tax; but what about the fact that the Bush tax cuts expire at the end of 2012? This is nothing less than a double-whammy on the middle and lower classes. America, is THIS what you want? Anyone but Obama in November.

  • attila the hun

    In a democracy you deserve the government you elect. It's your responsibility to take care yourself when you don't
    and expect some else do your work for you. this is what Get

  • Steve Chavez

    Now we're going to find out what's in it and when those who supported Obamacare are "taxed" for it too, they will realized that they have been conned!

    WILL ILLEGALS BE EXEMPT FROM THIS ONE TOO WHILE US LEGALS WILL THE REAL PINATAS?

  • Lisa_H

    After my initial shock at the ruling, I too have started to think this is actually a positive outcome. So I'm glad to know that David feels the same way. The lines are drawn, and drawn clearly now. Even those who don't think much about politics will see that this impacts them personally. And yeah! let the elections begin.

  • Schlomotion

    It was certainly a good thing that the Supreme Court struck down the excesses of the Commerce Clause and the Necessary and Proper Clause. Freedom rang when Justice Roberts said:

    “The Commerce Clause is not a general license to regulate an individual from cradle to grave, simply because he will predictably engage in particular transactions.”

    It remains however, that the Constitutionality of Obomneycare or HeritageFoundationCare was upheld by only a narrow decision and only on excuse number three given by the Administration. For far too long, excesses of government have been allowed by narrow margins on the basis that "the American public has already acquiesced to far stupider excesses of government" and that includes all of our post 9/11 emergency powers abuses.

  • Lisa_H

    Here is an interesting slant on Chief Justice Roberts' ruling: http://whitehouse12.com/2012/06/28/chief-justice-

  • kasandra

    While there is a lot to what you say, the fact is that the decision changes a lot. Let's suppose the Democrats controlled the White House and both houses of Congress. Based on this decision, they could enact a law to saying that to spur economic growth and reduce unemployment every adult American has to purchase a new U.S. made car. And if they don't they face a "tax" of $10,000. What would distinguish that from what the Obamacare decision authorized? The government wouldn't be asserting a right under the Commerce Clause to force citizens to buy a car. They'd just be "taxing" the decision not to. While, hopefully, this decision will have the predicted electoral results it provides a dangerous precedent allowing all sorts of mischief. I'm not familiar with any prior court decision that would allow it. This one now does.

  • wesley69

    The more I think about it, Justice Roberts did the cause a huge favor.
    1st – He called it a TAX, not a mandate. Didn't Obama say it was not a tax?
    2nd- By keeping it Constitutional, he put the Democrats & Obama on defense having to defend ObamaCare for what the Court ruled it.
    3rd-It fires up the base on an issue that is poison to Conservatives. Maybe more will come to the polls to undo what Obama and his Democrats did.
    4th-ObamaCare is the ultimate expansion on the powers and size of government.
    5th-It gives the lie to Obama's promise not to tax the Middle Class. It will be the single largest tax increase in US history.
    6th-By calling it a Tax, it is part of the budget process. When engaged in the Budget Process, 51 votes is needed in the Senate, NOT 60. THERE IS NO FILIBUSTER. Therefore, a simple majority in the House and Senate can repeal ObamaCare. It is a budget matter.

  • PDK

    I for one am thankful for Davids terse post. It makes manifest the simple truth that the liberals have now won the battle, but will also lose the war in November.

    One and done! Nobama 2012, vote republican. Thank you.

    • Questions

      Vote Republican! A fine idea. The problem is that the American people as a whole didn't buy it back in 2008. And don't count on the people reversing course in 2012. Romney has never really ignited the swing vote or GOP evangelicals. I get a bad sinking feeling in my stomach that Obama will be re-elected.

  • http://bluecollarbytes.newsvine.com/ bluecollarbytes

    I thought 'the economy' was the big issue. Now some are telling me it's obamacare. Romney needs to find a message that encompasses that and everything else, as a package. It's implied utopia that obama is selling, an ideological view- complete with demands. Romney needs to nail obama on the ideology. Voters are ready to listen to the argument. The ideology gives obama and his ilk cover. Don't let them get away with that fraud.

  • SuperRoadrunner

    The lousy decision by SCOTUS can be rectified by an amendment to the Constitution that in the future would close the door to any attempts by the feds to abridge personal liberties by way of taxation.