BREAKING: SCOTUS on Health Care - it stands
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Its confirmed, all three branches of the Federal government are enemies of the people.
Just be careful what you "alter or abolish" - it will be very difficult to replace it. I believe that is what that paragraph of the Declaration Of Independence, which I posted, says and that is what I suggested holding up as a model VS Saul Alinsky's underhanded deviousness. If the constitution does not have a check against the Supreme Court overstepping its powers , then there should be an amendment made to such an affect. If it were to be replaced I would favor replacing it with our original constitution and some of the Amendments.
I read Judge Roberts reasoning which were words to the effect that he had to try to find any way he could to uphold legislation written by a body that the people had elected.
In the first place this shows a specific bias unrelated to the pure interpretation of the constitution. Judge Roberts is stating clearly that he is biased to favor one side over the other.
And secondly the face of that current body elected by the people has completely changed since then due in large part to the peoples anger over the passing of a bill that the majority of the public opposed. Scott Brown was elected in large part to stop Obama care from passing and so it was rammed through with a questionable process. From the day it was passed to today the majority has remained consistently opposed to Obama Care. How dare Judge Roberts pretend that he did what he did to support the will of the people.
I wish the media would stop reporting that the Supreme Court upheld the mandate. They did not. The mandate was based in the commerce clause- an argument which the Supreme Court rejected. The Supreme Court re-wrote the legislation, and in so doing transformed the mandate into a tax. The Supreme Court upheld a tax- which apparently was argued as such by the Obama team, But now the media is going to be playing videos of Obama promising over and over again that the middle class taxes would not go up. This will be a huge tax on the middle class and will not bode well for the economy up until election day as no one yet knows how much the government is going to take and then there is the treat to repeal the Bush Tax breaks at the beginning of next year as well. Expect a very slow economy.
People like Ann Althouse are pointing out that the tax goes to the federal government, not the insurance companies. The tax being lower than the cost of purchasing a health plan, most individuals will simply pay the tax. Meanwhile the mandate on insurance companies to enroll people the day they get their cancer diagnosis continues in force, as does the prohibition on charging those people more than a healthy person who has no claims. Adding all this up, the health insurance companies won't be able to sustain this without inflating the cost of their policies to everyone, and the feds get to use the "tax" for whatever whims carry the day.
........"The DNC Tweeted two things..
" Its Constituional...Bitches!"
and
"Take that MOTHERF***ers!"........
Ah, the rantings of the mentally challenged low-lifes that have taken over our nation.
The gauntlet has been thrown at our feet. The next move is up to us.
WC
FOR IMMEDIATE RELEASE MEDIA CONTACT: Jen Webber
Thursday, June 28, 2012 Cell: 207-939-0213
CHARLIE SUMMERS STATEMENT ON TODAY’S U.S. SUPREME COURT RULING ON OBAMACARE
SCARBOROUGH, ME – Republican U.S. Senate candidate Charlie Summers today issued the following statement in response to today’s U.S. Supreme Court ruling on Obamacare.
“The skyrocketing cost of health insurance is a grave concern for our families and businesses, and this issue needs to be addressed in order to get our economy moving again. But, just like Senators Olympia Snowe and Susan Collins, I disagree with the President’s plan.
“The solution to our health care crisis is not more government control of such a large sector of our economy. The solution lies in giving families and businesses more control over their health care and putting consumers back in charge.
“We also need to level the playing field by making sure families and individuals have the same tax benefits that businesses have in order to make health insurance more affordable.
“I am disappointed in the Supreme Court’s ruling today because I, like most Americans, do not believe the federal government has the right to force anyone to purchase a product.
“Today’s Supreme Court decision makes this Senate race more critical than ever. The Court’s ruling makes it clear that the President’s plan amounts to a massive tax increase. Maine people need a Senator who will provide a voice for businesses and families as we address this critical issue.”
###
Adding all this up, the health insurance companies won't be able to sustain this without inflating the cost of their policies to everyone, and the feds get to use the "tax" for whatever whims carry the day.
Bingo, mainemom -
Whether (putatively) constitutional, Obamacare perpetuates and magnifies the unsustainable defects of government subsidies and mandates for "health insurance."
This, too, will pass.
"This, too, will pass."
Just like a kidney stone?
The best part will be obama claiming job growth from all of the government jobs this will create.... FORWARD with obama in 2012 (because bending over is moving forward).....
I wish there was an avenue to strip all of the congress creatures of their fluffy benefit packages and put them on the same footing as the average working joe or jane..........
It seems that John Roberts might know lots about the law, but doesn't seem to know much about the brass knuckles way of Cook County, or about life in general, for that matter:
http://www.breitbart.com/Big-Government/2012/06/28/Did-Roberts-Give-in-t...
Judges aren't automotons; it really matters what kind of people they are. Seems Roberts got steamrolled by Obama. Probably never even knew what hit him. Roberts never struck me as a really strong guy. Guess he really wants to be liked and/or approved of.
Again, the left always seems to be the ones rolling conservatives, not the other way around......
Why hasn't the following been highlighted by Republican candidates:
Obamacare set up the legal surveillance of Americans. The government is collecting all of your demographic and medical information as well as your financial information under the guise of the new health information database. Why is this not the tag line for a series of commercials,
The government is collecting your personal information and storing it without your consent. They keep your name, social security number, address date of birth and your financial and medical information. They are watching your health care info, and know everything you tell your doctor. Think the patriot act was intrusive take a look into the affordable care act.
BTW, Hi Mr. Cyr!
I didn't think I knew any cigar smokers, but HI Cigarsmoker! Welcome.
I really do put it down to weakness of character. Roberts never struck me as strong. Smart, but not strong. I wonder if he's ever been through much in his personal life. (that tends to build character.)
The Republic is Dead. R.I.P.
United States of America (July 4, 1776 - June 28, 2012)
Turns out the progressives were right, it IS all George Bush's fault.
Sorry, Mike, if I'm having a moment, but what happened April 28, 2012?
Chief Justice John Roberts: the lasting and final legacy of George W. Bush, our first Neo-Con (big government) "conservative" President. Anyone who ever voted for this unqualified nimcompoop should have an "S" branded on his forehead for Sucker. He tried to get Harriet Miers on the court before he had to walk that cat back under pressure. It could have been worse.
There is now nothing the States can really do on its own and there is nothing the Federal government cannot do. We don't need no stinkin' Constitution; we have a Super-Legislative body of wise men (and wise Latinas) who can just legislate their personal preferences and you can be sure some "neo-conservative" rag like The Weekly Standard will spin it as some kind of secret victory.
June 28th is the day the music died on limited constitutional government and federalism, the genius of the Founders. It's a dead letter. Does "Romney-care" man have a leg to stand on when he promises repeal? Who would he likely put on the Supreme Court that would be any different than some of the awful appointments of Nixon, Ford, Reagan, Bush I, or Bush II.
Yet, no Democrat President has ever appointed a non-liberal since JFK (Wizzer White). The Dems may be the "evil" party, but they're consistent. The GOP is JS Mill's "Stupid Party and act like unconfident school children seeking peer approval.
CapitolKid, trying to multi-task...april was in error... I stand on the corrected post above.
However, this is not a surprise. See Matt 24
While Roberts confirms there are limits upon Congress’ power under the commerce clause of our Constitution, he flauntingly ignores the enumerated functions for which Congress may tax under its power to lay and collect taxes which are identified and subjoined to this power. Unfortunately, I have yet to hear those limits being discussed and pointed to by our beloved media personalities who seem to play a vital role in a total subjugation of the America People without a shot being fired.
The American People have officially been made wards of the federal government under Justice Roberts’ ruling.
JWK
"On every question of construction [of the Constitution], carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed." --Thomas Jefferson, letter to William Johnson, June 12, 1823, The Complete Jefferson, p. 322.
A good analysis of the corner Romney has painted himself into:
Speaking Tuesday ..(Romney) girded for the ruling by saying if the nation’s highest court overturned what he derides as Obamacare, “then the first 3 1/2 years of this president’s term will have been wasted on something that has not helped the American people.” ....Accepting Romney’s logic, that would mean that the bulk of Obama’s first term in office was spent on something that helped the American people.
"As president, Mitt will nominate judges in the mold of Chief Justice Roberts . . . .''
Check it out quick at mittromney.com before it's gone.
Mike Beardsley, great post ("However, this is not a surprise. See Matt 24").
Kennedy appointed that last-non-leftist-to-be-appointed-by-a-Dem-President just before my birth, and honestly, I feel like America's been pretty well dead for all of my life.
ERE I AM JC
So now America’s middleclass faces the largest tax increase in U.S. history aimed squarely at Obama’s voting block and as they celebrate a believed victory, they don’t even have a clue it is coming. We now know for sure Obama is a liar. This is a tax per this Supreme Court ruling and it slams the middle class making fewer than $200,000 a year. Dividend taxes for those older American’s who rely on them can go from 15% to 43% within the next 3 years. How will older Americans survive that? Just live off of their Social Security? How will a family of four making 35,000 a year absorb a 2200.00 tax increase (or penalty as the liar put it) if they do not buy insurance? We are a broke nation we cannot afford utopia. 100% tax on the rich can’t get us out of debt yet we are going to exponentially expand it. But many are okay with that, sort of explains what happens when your countries math scores are among the worst in the industrialized world.
How will the rest of the world ever really advance medicine now? We won’t be able to afford the R&D. Sweden, the darling of single payer liberals now has a very high personal tax rate but the more alarming issue is they spends 75% of ALL THE TAXES they collect on healthcare, and not a dime now on R&D per their own health ministers report….they rely on us and a select few other countries to pay for the research. As America now firmly turns the corner and becomes a full-fledged socialist country we will pay high taxes for our medical care but that will not be enough. We will ration care like every other nation that has gone down this path. We are not special, in fact we are marching head long into this BROKE.
One other thing Federalism is now dead. If you don’t know what that means, that’s unfortunate. It is all about what made us rugged individualist and the foundation of America’s now fading greatness. The Constitution was ratified under the belief that States collectively would be more powerful than the Federal Government. Those men who broke the bonds of tyranny feared a strong central government because they knew it would become the tyrant over time. We are on that verge and this ruling has opened the Pandora’s Box to enable it. Even if this abortion of a law is overturned, the precedent has now been set. Congress can now tell you what to do and penalize you for not complying on the most basic items of life and then claim it as a tax.
Will they demand we no longer post on AMG, and tax us if we don't?
Keep in mind that Roberts never identified the type of tax it is, an impost, duty, excise or direct tax, and each of these taxes have specific limits!
It should also be pointed out that Justice Roberts also ignored our very own Supreme Court's previous rulings regarding the federal government's meddling in the various State health laws.
For example, Justice John Marshall stated the following in Gibbons v. Ogden, 1824
State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress.
And Justice Barbour referenced the above case in New York v. Miln, 1837, and confirmed the State’s retained authority over the subject of health laws:
"Inspection laws, quarantine laws, health laws of every description, as well as laws for regulating the internal commerce of a state and those which respect turnpike roads, ferries, &c., are component parts of this mass."
Finally, almost 100 years later the Supreme Court again acknowledged Congress is without power to regulate medical practices in the States.
“Direct control of medical practice in the states is obviously beyond the power of Congress.” _ Linder v. United States, 1925
The fact is, our founding fathers intentions concerning Congress’ powers as described in the above mentioned cases are summarized in Federalist No. 45
“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.
The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.
And the above words were given force and effect by the 9th and 10th Amendments.
As a matter of fact, the irony of this very case is, a majority of the States have officially rejected such power being granted to the federal government by filing suite against Obamacare, and, a majority of the American people likewise reject the adoption and enforcement of “Obamacare”. This of course means that consent of the governed as outlined in our Constitution‘s amendment process has not been met!
JWK
Obamacare by consent of the governed (Article 5) our amendment process. Tyranny by a majority vote in Congress or a Supreme Court's majority vote!
Obamacare set up the legal surveillance of Americans. The government is collecting all of your demographic and medical information as well as your financial information under the guise of the new health information database. Why is this not the tag line for a series of commercials,
The commercial could also feature the administration's denial of access to immigration data to Arizona. Data as power manipulation.
Keep in mind that Roberts never identified the type of tax it is, an impost, duty, excise or direct tax, and each of these taxes have specific limits!
When asked if Roberts wasn't rewriting that statute, I heard it explained by one legal expert that Roberts claimed he was interpreting the penalty as a tax- but "penalty" and "tax" are generally understood distinct terms, with a penalty being something such as a late fee for not filing a tax on time.John Roberts is just reinventing language like a liberal and furthermore he sets a precedence for any legal case argued before the Supreme Court. No one can base an argument with confidence on the letter of the law because the Supreme Court has just granted unto itself the authority to change the wording of the law- or at least to change the meaning of the words, which in this case is about the same thing. Who doesn't generally understand the difference between a penalty and a tax? These are terms with commonly understood meaning.
And come to think of it- most statutes start out with definition of terms- do they mean to tell us that a bill that is over 2000 pages long doesn't have that?
How will the rest of the world ever really advance medicine now? We won’t be able to afford the R&D. Sweden, the darling of single payer liberals now has a very high personal tax rate but the more alarming issue is they spends 75% of ALL THE TAXES they collect on healthcare, and not a dime now on R&D per their own health ministers report….they rely on us and a select few other countries to pay for the research.
Are you in favor of government funded research in the health field? Do you think this will somehow deplete the funding for NIH, one of the largest sources of funding for such research? I don't see that connection in this health care plan.
And then there's Joe who's worked all his life , he's upside down on his house , his car, his retirement fund is headed south, he's borrowed and co-signed everything he can to get his kids into college........ His employer now drops his insurance because he has decided it's cheaper to pay the fine than provide the coverage. and Joe just can't afford to purchase insurance ,but he has enough income so he doesn't qualify for the "free' stuff. What does our benevolent leadership do ? Levy a fine......I wonder if some of the middle class voters who belived the lies will be bright enough to vote this bozo and a bunch of other bozos out in November......
I too was initially disappointed and felt betrayed by the GW Bush appointee's apparent change to the left. The "next morning" reading of commentary from others makes me feel better, by quite a bit. Imagine if Roberts had voted to throw out Obamacare. Then the Supreme Court would be the focus of the Presidential election.. "Four old white men and one crazy oreo took your healthcare. We need Obama in the White House to pick the next Supreme Court Justice." Or worse, Obama could simply pack the Supreme Court.
Here's a link that you might want to read: Why the President lost with the Obamacare ruling: The voters will have their say in November
Other's are pointing out that the Roberts' opinion eliminates the ability of the government to compel Americans, via the Commerce Clause, to do something that Americans aren't doing.
How much is enforcement of the new tax going to cost? How are they going to know who does and doesn't have insurance? Will the 22 million illegals be fined? Oh I mean taxed or is it penalized? Or will it just be free.....
Excellent review of Robert's tortured reasoning and his unilateral decision to classify the "penalty" as a "tax" and thus making the law Constitutional.
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Dill applauds High Court ruling on health care law
June 28, 2012
Calling it a decision that will protect the lives of millions of Americans, U.S. Senate nominee Cynthia Dill lauded the Supreme Court today for leaving largely intact the sweeping health care law championed by President Obama and congressional Democrats.
Justices voted to keep in place the measure requiring that all Americans be insured, in an effort to begin chipping away at spiraling costs in the U.S. health-care system.
“I’m thrilled the court upheld the decision,” Dill said. “I have obtained a copy of the ruling and am poring through it. But I certainly am glad Americans with pre-existing conditions can no longer be discriminated against, and that the world’s richest nation thinks it’s important to protect the well-being of its citizens.
“The Affordable Care Act is a much needed law that provides basic health care to Americans where the free market failed to. Millions who are benefiting from the law will continue to, and not be held hostage to business decisions affecting whether they live or die. Seniors on fixed incomes are saving money on prescriptions and checkups. Insurance companies will no longer set arbitrary lifetime caps on benefits that put millions of Americans one car accident or heart attack away from bankruptcy.
“As U.S. senator next year, I will work to strengthen the law, and to reform the current fee-for-service system that creates the wrong incentives. I also believe we should go further in ensuring that Americans don’t have to choose between health care and bankruptcy, though better cost controls, increased reliance on preventive care, decreased reliance on fee-for-service models, and, ultimately, a universal single-payer system.”
http://cynthiadill.com/news.php?id=80http://cynthiadill.com/news.php?id=80