Obamacare Passed -- Welcome to Eurocare

[jordan179]

The power to tax is the power to destroy. And the Federal Government has just acquired a bit more destructive power

Comments

[pogo101]

Thank you, CJ Roberts, shown here:

[fervid_dryfire]

I've got a sneaking suspicion that Roberts is either a traitor or was threatened/bribed to fix the ruling with his crucial vote. Which, I guess, would still mean he's a traitor either way.

The man deserves several metric tons of hate-mail, either way.

[wombat_socho]

I think you are focusing too much on his failure to do what most of us here would like him to have done and not enough on the subtle wedgie he has applied to the Administration and their enablers in the Democratic Party. He has made it clear, contra the President, that this law is in fact a tax, and his opinion also undermines the evil precedent of Wickard v. Filburn signaling that Congress can't use the Commerce Clause whenever it feels like forcing something down the throat of the citizenry. He has set the scene for the law to be repealed by the next Congress (and since it is a tax law, it cannot be filibustered in the Senate) and made all the leftists who were raging about the "politicized" Court look like the morons they are. Not only that, he's made it clear that the solution to Obamacare is political, not judicial; his opinion basically says, "Yeah, this law is a wretched P.O.S., but it's constitutional. You guys need to fix it."

Not a bad day's work, actually.

[ford_prefect42]

Having read the opinion, I am inclined to agree. Particularly since having ruled that it *is* a tax, it is now open to another challenge per the Anti-Injunction Act in 2014 when it is first applied.

[wombat_socho]

Perhaps best of all, since it's been ruled a tax, its repeal can't be filibustered in the Senate. :)

Of course, first we have to kick Dingy Harry Reid out as Majority Leader and make sure the Democrats are a minority in the Senate, but I repeat myself.

[marycatelli]

Now we just need to sue on the grounds that unlike the income tax, it was not specifically enabled by an amendment to the constitution.

[wombat_socho]

No. Fighting this out in the courts is the wrong move completely, because there is absolutely nothing (since the 16th Amendment) that says taxes have to be specifically authorized in the Constitution, and therefore you will lose right off the bat, never getting anywhere near SCOTUS.

This is a political problem and it needs to be fixed at the next election by replacing politicians who supported Obamacare with politicians who do not. Starting at the top, and then purging the Senate and House as well.