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 Because Roberts has turned Obamacare into the Obamacare tax, it is not subject to a filibuster and therefore could be repealed with 51 votes.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 Angela Doyle-Jones on When I first heard the decision, I was beyond angry. But as I heard the analysis of what had happened I began to see this differently. By calling Obamacare a tax, John Roberts handed us a weapon. He also fueled conservative ire by reminding us that we the people have the power to change this ourselves at the ballot box. Just because he did something so unexpected does not necessarily make his decision a total loss for conservatives. The biggest problem I have with it right now is the damage it has done to the constitution. This decision.certainly is a mixed bag.
Permalink Reply by Steve Bang on Isn't it possible for the House to simply de-fund O-care immediately? I believe they have that power. If they do not de-fund it immediately, they are not serious about repealing it. Am I right or am I missing something?
Steve
Permalink Reply by JMC on That is exactly what I was thinking Steve. I thought congress could de-fund it.
Permalink Reply by Arnold Wray Oliver on When this issue was first headed to the Supreme Court, I predicted this outcome. This was not based upon my superior intellect or ability to predict the future. I had recalled sometime ago reading a very good book on the Great Depression by author Amity Shlaes entitled "The Forgotten Man". In her book she recounts that Roosevelt New Dealers Paul Douglas and Frances Perkins, Roosevelts Labor Secretary, had been tasked with drafting what became the Social Security Act. A passage from the book reads "She and Douglas had their plans for unemployment insurance and pensions for senior citizens in draft bill form. At tea at his house the year before, Perkins had sat beside Justice Harlan Stone, and he gave her a tip. She had confided her fears that any great social insurance system would be rejected by his court. Not so, he said and whispered back the solution: 'The taxing power of the federal government my dear; the taxing power is sufficient for everything you want and need." If the Social Security Act was formulated as a tax, and not a government insurance, it could get through. Bingo!! You have yesterday's ruling and the rest is history. This act was challenged and went to the Supreme Court. If you want to see the same quirky thinking and defense of the image of the Court, read the opinion in the case of Steward Machine Co. vs Davis. Roosevelt had threatened to pack the Court as a result of so many of his New Deal legistation being ruled unconstitutional. Do you see a pattern here? Did Obama intimidate Roberts?
Chief Justice Roberts has proven himself to be either mentally ill due to his brain problems or to be the Bush "Company Man" on the SCOTUS> In two very compelling and clear cut descisions, Roberts has sided with the globalist agenda
Permalink Reply by Nancy on What about hanging the flag upside down--doesn't that signal that the country is in distress? Don't really know and don't want to be disrespectful but would appreciate the education--thanks!
Permalink Reply by John Bellaire on Communism and tyranny always have the same eventual result. We are getting more like all the socialist countries. Incompetant, irresponsible and treacherous people have been allowed to work their way to high political office not to serve the people but for personal gain. We just have not had the riots, mass murders, starvation, disasterous inflation and revolutions yet. Americans are to much accustomed to freedom and liberty. They will fight when pushed to far.
Permalink Reply by JMC on I don't know how everybody else feels but I am having a hard time even caring about the 4th of July because I certainly do not feel free anymore. The only people that really feel free are the people that agree with Obama. He is certainly not the President for ALL the people but is a very good divider. Obama will be here in Colorado today and I find that so disgusting. As far as I am concerned he is using the fires as a campaign stop!!!! I am just so discouraged but will certainly keep fighting.
Permalink Reply by Juls on Plan to put the flag out but that's about it. Fireworks displays are all called off and of course there is the ban on personal fireworks. Camping in the mountains is definitely out and the smoke here is so bad you actually gag from it so there won't be any cookouts. Then of course there is the knowlege that The One has set foot on our ground. Nope - won't be much celebrating of the 4th this year.
Permalink Reply by JMC on Juls, you can come visit us and we can complain about Colorado politics :-)
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