More than a few conservatives are trying to put a positive spin on The Supreme Courts decision to uphold the Affordable Care Act. For those that find solace in seeing some positives in this decision, may God bless them. I, for one feel that the Supreme Court and particularly Chief Justice John Roberts, betrayed me, and all America with his decision.
Some are saying that by calling the mandate a tax, Roberts has handed the election to Mitt Romney. Maybe or maybe not. To repeal Obamacare in 2013, the Republicans will need to keep control of the House, win the Presidency, and win at least 50 seats in the Senate. There is no guaranty that will happen and it is not the purview of the Chief Justice to try to influence elections.
Some have said that, while we all have been playing checkers, Chief Justice Roberts has been playing chess. They say that Roberts has done America a great service by clearly limiting the Congress’ use of the commerce clause; that Congress may use the commerce clause to force Americans to take part in any particular commerce. That was a rational conclusion by Roberts and, in my opinion, agrees with the intent of the Founders. Based on that conclusion, Roberts should have, at least, held that the mandate was unconstitutional. In fact he did just that. But, then he decided that it wasn’t really a mandate. He took it upon himself to read into the intent of Congress that it was really a tax on people in a certain income level who had decided not to buy health insurance and that Congress does have the right to tax its citizens. Okay. I understand that congress critters are not the brightest and best of the American people but I challenge the Chief Justice to show me one piece of previous tax legislation that does not contain the word “tax” in it. I, also, defy Roberts to find the word”tax” on any of the 2000+ pages of the Affordable Care Act. If this had been a tax bill, it would have originated in the House and not in the Senate as the constitution requires. What Chief Justice , John Roberts , did was judicial activism at it’s worse.
Roberts is quoted in this Yahoo article as saying:
“It is not our job to protect the people from the consequences of their political choices.”
The positive spinmisters are telling us this is a good thing; that Obamacare is the fault of the electorate and this issue should be resolved politically. Well, I have a problem with what the Chief Justice said. Even a moron knows that the voters are often misled, lied to, and manipulated by the politicians. When Congress or the president overreach their constitutional powers, the Supreme Court is to act as a check against that happening. The Founders set up the checks and balance system for good reason. Roberts found the mandate to be unconstitutional. So why didn’t he act accordingly?
In my opinion, Chief Justice, John Roberts, betrayed the trust of those that supported his nomination to the Court, he betrayed the constitution, and worst of all, he betrayed the trust of the American people.
If the Republicans do not sweep the elections in November or for any reason do not repeal the Affordable Care Act, which by Roberts definition is now the largest tax increase on the middle class ever, then my grandchildren and yours will be paying for the health care of the baby boomers for the next 35 or 40 years. That makes me angry!
Well, that’s what I’m thinking. What are your thoughts?