Chief Justice John Roberts rewrote the specific language of Congress by claiming in his ObamaCare ruling that the penalty that the lawmakers had clearly attached to the individual mandate was actually a tax. It was the only way in which the Affordable Care Act could be saved; for the Court rejected the Commerce and Necessary and Proper clause defenses as constitutional grounds for the existence of the law.
By “penciling in” the tax language necessary to satisfy his own requirement of constitutionality, Roberts behaved no differently from any liberal, activist judge so often criticized by conservatives for judicial malfeasance; that is, he cheated rather than rule against a personally favored piece of legislation.
The question is WHY? WHY did the Chief Justice defraud the Court and the American public rather than rule ObamaCare unconstitutional?
In the majority opinion, Roberts wrote: “The Federal Government does have the power to impose a tax on those without health insurance. Section 5000A (the individual mandate) is therefore constitutional, because it can reasonably be read as a tax.”
No, Mr. Chief Justice. Section 5000A may be reasonably re-written BY CONGRESS as a tax, but it may not be READ that way because that is NOT the way in which Congress WROTE it! A great many laws may be reasonably re-written into something they are not, thus bringing them into line with the personal views of justice, propriety, or constitutionality held by the judge preforming the artful edit. But that is not the proper role of a Supreme Court Justice.
As Justice Scalia writes in his dissent, “…Although this Court will often strain to construe legislation so as to save it against constitutional attack, it must not and will not carry this to the point of perverting the purpose of the statute…or judicially rewriting it.” In short, the Supreme Court must not “… rewrite [a] statute to be what it is not.”
So why did the Chief Justice do just that? Was it because:
1.) Roberts is so adamant about going down in history that he is willing to do it by making a ruling devastating to the liberty of the American people?
2.) Roberts is in reality a conservative activist? Knowing a majority of Americans favor the end of ObamaCare and its creators, he believed his ruling would rouse conservatives across the nation to the defeat of Obama and repeal of the law?
3.) Roberts actually believed what he did to be right and proper?
Chief Justice Roberts cunningly transformed the ObamaCare individual mandate penalty into a tax and then chose to ignore the necessity of defining the type of tax he had created. After all, giving a name to the tax would have required Roberts to show that Congress had the constitutional authority to impose and collect it!
Exactly why he did all of this, we may never know. If by reason of arrogance or misdirected activism, it would be alarming. If because he actually thought it right, it would be terrifying. After all, this man might be the chief justice for another 3 decades!
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Chief Justice Roberts is an epileptic. He takes mind altering drugs and is unfit for duty. He needs to be impeached for the good of the country.
I also read about him having that disease. He, too, needs to go!!!
Well Esquire Roberts has sealed his fate same as Benedict Arnold.TRAITOR to our country,HANG THIS BASTARD!!! :X
I think he did us a favor. Now, we can get the masses riled up….we can defeat this man in the WH and away goes his stupid healthcare. There is also the matter of allowing the states to remain soveriegn and NOT be penalized IF they choose not to impose obamawhocares…..they won't lose federal funding.
The evil one will find another way to punish us, but not if we defeat his ugly butt first. Quite frankly, I think we are done. He will find a way to NOT lose the election..I didn't say win it, I said not lose..even by not allowing the thing to happen. The next 6 months are going to be firhgtening and interesting…..hope to see all of you in heaven….right around the corner…..get right, or get left.
YOU GOT THAT COMPLETELY RIGHT,,,,,GOD SAVE US ALL
this is why we must contain ourselves or the O'shamo one will confer martial law if we give him a big enough reason to do so. Four more months..never, ever vote for a democrat again..Not one of them can be trusted to do the RIGHT thing..
How do you propose to get democrats not to vote for Obama, in order to save the United States of America, when most of them vote democrat not even knowing who is running or their integrity, if they have any.
He will invoke martial law B4 then..
SORRY TO SEE COWARD ROBERTS HAS FALLEN INTO THE HATE FREEDOM CROWD. HE BELIEVES HE WILL BE ONE OF THE ELITE INTELLECTUAL RULERS WHEN THIS COUNTRY FINALLY FALLS TO SOCIALISM-COMMUNISUM-MARXISM-NAZISM-ISLAM/SHARIA. AND THIS IS THE TRUE BOTTOM LINE FOR OBADMA, HILLARY, PELOSI, REIA AND THE REST OF THE HATE AMERICA SUCK ALONGS. THE MUSLIMS WILL CUT OFF THEIR HEADS ALSO
Thank you, Mr. Roberts! You've completely ruined my life! Now I feel like I'm facing a death sentence! DAMN YOU!!
I agree!!
@ Anonymous,.. And you Are… AS Am. I. ..!!
You're not alone. There are many who feel that way.
Don't worry about it though.
America says NO to this Obomination! And we MEAN IT!
Our country is what's under a death sentence. The late, great U.S.A.
B0Care is forcing his sale of health care, with a sales tax on health Care, that is already lIIegaI in 5 state with "NO SALES TAX LAWS" Alaska, Delaware, Montana, New Hampshire and Oregon.
So it can't be implemented where it is already lIIegaI.
Excellent. Point. Captain America..!!!
The problem with this thought is it's not a sales tax so your principle doesn't apply. A sales tax is a tax implemented on a purchase. This tax is on something you DON'T buy. It's a tax for failure to follow a mandate TO purchase.
Hard to understand, but there is a difference.
This is not a sales tax just like it's not a penalty but a tax.
Who could even guess what went through his mind, these judges definitely knew how unpopular this healthcare mess was and that it's just more taxes on Americans and more control for government!
@. Joanne, He Is Looking. At How. And If He Goes Down In History.. If There Is To Be A History.. Not If Obama Has Anything To Do With It.. It Will Be As To What ( He ). Wants It To Be Said.. Dick Tator..
That He Is..
Thats right, get rid of the sick SOB, low life, obammmer lover. I don't know how he can sleep at night. I hope he dies of the dribbling chits & his wife ends up in a rest home from running after toilet paper for the low life SOB.
A USA VETRANS. WIFE…As Such, I AGREE..!!!,!!!!!!
Let's take a closer look at Barack Obama………….
1). Occidental College records – SEALED.
2). Columbia College records – SEALED.
3). Columbia Thesis paper – SEALED.
4). Harvard College records – SEALED.
5). Selective Service Registration – SEALED.
6). Medical Records – SEALED.
7). Illinois State Senate schedule – SEALED
8). Illinois State Senate records – SEALED.
9). Law Practice client list – SEALED.
10). Certified Copy of original Birth Certificate – SEALED.
11). Signed Embrossed paper Certification of Live Birth – SEALED.
12). Baptism Record – SEALED.
13). Michelle Obama can no longer practice law as an attorney – WHY?
14). Michelle Obama has 22 assistances, when other first ladies had only one – WHY?
15). Barack Obama received "foreign student aid" as a college student…..
16). Used _??_ country's "passport" when he visited Pakistan in 1981………
17). Barack Obama is a member of the Communist Party of America (CPUSA).
18). Barack Obama stated to the SEIU on 8/17/2007
- Your agenda has been my agenda….
19). Barack Obama stated to La Raza on 7/13/2008
- We rise and fall together as one people,
….And together,…we will transform this nation (America).
20). The Communist Party of America (CPUSA)
has endorsed Barack Obama in 2004, 2008 & in 2012.
21). Barack Obama has very close ties with George
Soros & William Ayers.
22). In 2007 & again in 2012, Barack Obama has
received 10's of millions from the government of China.
23). On 1/17/2008 – Barack Obama stated
"If someone wants to build a coal-powered plant,
they can, it's just that it will bankrupt them…
under my plan of cap and trade system, electricity
rates will necessarily skyrocket )."
Someone sent me #' 1 through 16 with the comment – "and the DNC wants to see 12 years of Romney's tax returns??"
Roberts does not have the right to rewrite a law that has been placed before him to judge. In doing so, he has nullified this law.
It has been rewrote to be a TAX and therefore must return to Congress for a vote, since it was never voted for as such.
Roberts has opened up a LARGE can of worms.
No taxation without representation!
I Hope. With All My Heart That Is True..!!! Otherwise I'm As Good As Dead As I Type This..
Don't worry Norma. You're not alone. If Congress doesn't take care of this Obomination, we the people will rescind it by either passive resistance, voting in someone who will (that's a given anyways) or by a REVOLUTION!
America says NO! And we MEAN IT!
I surely hope some of you folks are right – that Roberts has opened a can of worms; that the use of the word "tax" will be a way out of some kind and that states like my Montana can assert their soverienty (sp?) as it being illlegal in the state. Get a large majority elected into the House and Senate, and we can still undue a good part of the massive harm that is being forced upon us.
If it makes you feel better Robert has "fled the country", so to speak, from all the flak he's been getting over his "decision". I know it made me happy! He KNOWS he messed up.
It's not just the fact it's been ruled a tax that has made a difference, it's also that other parts of the obomination has been ruled against.
Yes, it is now officially a tax and MUST have originated in the House of Representatives and NOT in the Senate to be legal. This is only one part of how we can rescind it.
The part about a penalty for not expanding Medicaid was ruled against. (denial of most Federal Medicaid funds if they fail to expand) Because of this, states do not have to expand. States like S. Carolina, Florida, Kansas, Nebraska etc. (mostly Republican Governor states) have said no to enabling obamacare by this means. With the loss of these "taxes", the funds needed to support it will be drastically reduced causing a severe problem.
So as you see, we already have rebellion in the ranks.
Now it's not IF but WHEN it's overturned.
The best part is we DO have recourse to fight this overreaching power-grab now, and states know it and are doing it.
Hope this helps.
In reference to an article in the Independent Judical Review, June 28, 2012,Bert Atkinson, Jr. wrote:
"If a state takes the money, fine, the Feds can tell the state how to run a program, but if the state refuses money, the federal government can’t penalize the state by yanking other funding therefore, a state can decline to participate in Obama-care without penalty." His presumption is that many states will decline to accept the $ from the Feds. Get real, have states ever refused to accept Federal tax payers money? Let's face it…we are stuck with Obama- scare. Roberts should have ruled on the unconstitutional commerce clause. Don't leave anything to the liberals to twist in their favor. That's as I see it.
You asked if any state had refused Federal money……….Texas did. Maybe more states will do the same. I hope so. whatever else happens, this situation is going to get a lot worse, as Don states, it will definately have to get worse, as we have no other choice in the matter. If we don’t stand against this bunch of destructive traitors, no one else is going to. It will be left up to We, The People to DESTROY THESE ENEMIES OF AMERICA!!
So far Florida, Kansas, Texas, Oklahoma, South Carolina, Nebraska and others have done just that. States like New Hampshire, Wisconsin, Louisiana and others are working on it now.
For the most part, any state that has a Republican Governor is not allowing the Medicaid expansion.
I think you've misunderstood what the ruling meant. What it means is they don't HAVE to expand Medicaid to help fund oblameocare, and in not expanding, they don't lose what Federal support for their Medicaid programs they already receive.
What about the other possibility – that the Chief Justice was not at liberty himself to rule as he would? What if he were under threat and must do as he was told? I understand he has gone into seclusion in the wake of this disastrous ruling. Do you think he will live to tell why he did what he did, or will his secret disappear, while a vacancy opens up for Chief Justice in time for Obama to fill it?
@ Pearl, I was wondering if his family was under threat. From the CIA/ FBI or some other group.. If Roberts let that throw him then he would Never Make IT ANYWAY. INTO. And through the Pearly Gates, because the Tests Only Get Harder..
Remember Andrew Breitbart (R.I.P.) He was silenced before he could reveal the truth. Then the coroner who did his autopsy was POISONED, and the eyewitness, who saw him collapse, has disappeared. Too much coincidence. I think the syndicate who put Big 0 in power are seriously evil. No one will be safe if they try to challenge his power to do exactly what he wants.
With all bad things, Arizona Immigration law and Obamacare, that have happens in the past two weeks, I just have a really bad feeling that things are going to get worst in November.
MONEY
I strongly feel he was pressured or even threatened. I don't believe it was a legitimate vote by the not so suprene court. Perhaps we need to be able to impeach Justices!
I believe that Roberts pulled a quickie on Obama. He put Obama in a box that Obama is still struggling to get out of. Roberts said that Obamacare was unconstitutional UNLESS it is ruled as a tax. If it is a tax, it stands, if it is a penalty, it is unconstitutional. Obama promised that he would never raise taxes on the middle class. He is now strongly denying that it is a tax. Yet if it is not a tax, it is unconstitutional. If it is a tax, which he denies, he is taxing the middle class, which he promised never to do, and which he now denies. I believe Roberts will turn out to be our hero.
@ Virginia, Good Luck.. Roberts just joined the list of Traitors..
Like I said to others, Virginia, surely hope you are right!!!
America has had many traitors since 07/04/1776. John Roberts has now entered that list of traitors behind Obama.
Along Side Of Him… Traitors To The. Core..
Time to secede!!
"The Obamacare vote was 5-4. Who voted for Obamacare? Sonia Sotomayor, Stephen Breyer, Ruth Bader Ginsburg, and Elena Kagan. Those in dissent were Justices Anthony Kennedy, Samuel Alito, Antonin Scalia, and Clarence Thomas."
I want to know how Kagan voted on this since she was to recluse herself on this issue for having helped write it
@. Mutantone, Others want to know the same thing..!! How was she able to vote on this..?
I was going to write and suggest that Justice Roberts passed ObamaCare to INCITE the American people. The American public has no choice now, but to evict Obama from the White House, so that the new tenant will immediately take action to repeal ObamaCare and then cancel the pardons that Obama wrote for himself and his family.
If the Supreme Court had invalidated ObamaCare, he would have written an Executive Order and declared it law, anyway. We already have 129 Executive Orders that must be cancelled by the incoming President.
I can hardly wait…
Roberts,you now become one of the many (obama, Holder, Pelosi, etc) who have lost the Americans TRUST !!
That's why he "fled" the country… lol
What does it take to start impeachment proceeding against Justice Roberts.? Why isn't someone like Judicial Watch, doing just that ?
Good idea, except we're having a hard enough time getting the DOJ to do their job and charge Holder with contempt of Congress charges now.
Ginsberg was going to give him a little sometin, sometin if he worked it her way. Ugh, what a thought!
There's something spooky about this justice Roberts face. His face just looks like someone who would fiddle with children. Look at him.
Recession –
When your neighbor loses his job…
Depression –
When you lose yours…
Recovery –
When Obama & Holder go to prison!
"Read My Lips – No New Taxes" !!!!!!!!
Democrats are running away from this countries biggest tax hike in American history:
1. http://weaselzippers.us/2012/06/29/video-axeldouc…
2. http://www.youtube.com/watch?v=Wzs3aoRnl0E
3. http://www.youtube.com/watch?v=rL7ak__MGyw
4. Barack Obama evoking Jesus to sell us the more taxes while we are "broke": http://www.youtube.com/watch?v=OCr7bP5pZ6I
5. 20 New higher taxes that American citizens will "enjoy" now that Obamacare is constitutional: http://sweetness-light.com/archive/obama-care-con…