How do you describe John Robert’s decision in the Obamacare cases? He goes to the John Boehner School of political courage. He is a living, breathing reminder of a joke among lawyers. What do you call the guy who graduated at the bottom of your law school class? Your honor.
Fortunately, there can be some benefits to cowardice. The Obamacare decision shows us this.
What are they?
The Obamacare case did some serious damage to the Commerce Clause. Wickard v. Filburn is the really terrible 1942 case that allowed the government to do almost anything it wanted to as long as they put it under the heading of the Commerce Clause. Now with this case, the Commerce Clause is restricted.
Now, despite all of the caterwauling by the Democrats and Obama to the contrary, Obamacare is a tax.
Every Republican should be using the words Obamacare tax. In fact, they should treat that as one word. “Obamacaretax.”
As a tax, Roberts has given Republicans a huge weapon. Americans hate taxes. Even the Party of Treason recognizes that. That is why they lie about their tax hikes.
From a practical point of view, we can repeal the Obamacare tax this year but it will require courage, which is something hard to find in John Boehner.
The Republican House has already scheduled a vote on repeal. It will pass. Then it is on to the Senate. Because Roberts has turned Obamacare into the Obamacare tax, it is not subject to a filibuster and therefore could be repealed with 51 votes.
The obstacle on getting it to the floor is Harry Reid. Reid knows the numbers and he knows that if that bill goes to the floor, there are probably four or more Democrats in tight reelection races that will vote to repeal.
Unless the Republicans are willing to go to the mat on this one to force a vote, nothing will happen. John Boehner must put away his freshly laundered white flag of surrender and pick up a rifle instead. He and the Republican leadership must force this issue.
Assuming that happens, and we get the votes in the Senate, which I am willing to bet we will since the bill could not be filibustered, it would then go to Obama’s desk. He would have the choice of signing off on the repeal of his signature legislation or vetoing it, knowing that while his veto could not be overridden, he would face the wrath of the voters in November for his massive Obamacare tax.
Yesterday, after the Obamacare tax decision, Mitt Romney raised $4.2 million dollars. That should be a clue to the Republican Party and the generally clueless John Boehner.
This is an issue the Republicans can and will win on. That is, if you fight.
If the Republicans do nothing more than another lame symbolic vote, then they will see the wrath of the Tea Party movement on them, every bit as much as we have focused our wrath on the Party of Treason.
Last night, I was a part of the National Tea Party Virtual Town hall. We had several Members of Congress on and one thing I told them last night was we are tired of symbolic actions. We do not want Congress to register a vote so they can go home and say, “See I voted against the Obamacare tax.” We want results.
If all the Republicans in Congress are going to do is simply vote, knowing nothing will happen, they are less than worthless.
We want success on this issue. We want results. To quote Charlie Sheen, on this issue, we must be “Winning!”
Tags: boehner, decision, filibuster, house, john, obamacare, republicans, roberts, senate, tax
Permalink Reply by Robert Kelly on But he did provide an historical moment - You have been privileged to witness Roberts and SCOTUS
seep Liberalism/Socialism like pus from a boil.
Permalink Reply by Juls on There's been a lot of speculation as to Robert's motivation for this decision. I guess it's human nature. And yes, this decision does provide some wiggle room in terms of ammunition to repeal Obamacare. But the bottom line is the damage done to the Constitution - again. First Kelo, then the Arizona ruling and now this. Whatever his motivation this was a disturbingly bad decsion by the Chief Justice.
Permalink Reply by Richard Banko on It's all about politics folks and the politics in this country right now are screwed - plain and simple
Permalink Reply by Juls on Yeah, you're right. It's about politics, when it should have been about the rule of law.
Permalink Reply by Daniel Tabib on It's kind of funny reading a lawyer who graduated from a 3rd-tier law school make fun of a Supreme Court justice's class rank at Harvard Law.
Permalink Reply by Vern Shotwell on You feel free to attack or defame other members without providing evidence, do you Daniel? Perhaps you'd do well to read the TOS, linked on each page of this site.
Just understanding the first couple of paragraphs will do. Don't want to chance straining your abilities or comprehension.
Permalink Reply by Juls on Who are these people? What a life. Spend your days skulking through conservative blogs so you can throw a bomb or two then run off into the dark again. Very sad.
Juls,
I checked some of this guy's other remarks and he has managed to survive for awhile, even under Vern's watchful eye. So he's weasling around somehow.
But still it's like having a muskox in the room - just smelling the place up and making it generally unsavory.
Permalink Reply by jalina susan stutte on Harvard Law School is a overpriced joke and spits out idiots like Obama. It doesn't matter what law school you go to, it matters what you've learned once you've went.
Permalink Reply by hunter60 on It's even funnier reading a third rate morons complaining about the post. If the decision had gone the other way people just like you would be heaping derision on the "Harvard Law" justices who voted against your pet legislation. Now, go away troll.
Permalink Reply by 0h2wba6j07o38 on So, Mr. Tabib, (Is that a Muslim name?)
Promoting an alien Muslim Communist (Barf Ovomit) to the level of law professor elevates Harvard Law School to what tier?
I'll choose UT over Harvard any day!
Incidentally, who assigns tiers?
Phil Cowan Esq.
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