Daily Archives: June 29, 2012


Posted by Pistol Pete

I had not intended to post today,considering the world-class funk I’m in.Yet after yesterday my loyalty to you precludes my personal foibles.I plan to shut down my computer today and leave the television off for awhile.The kids bought me Edward Klein’s ‘The Amateur’ for Fathers Day and I’m going to take the time to read it.My thoughts are going to seem disjointed and subject to rambling because there are a lot of informational fragments I need to clear.

I’m listening yesterday and I hear:Obama won today,but this will really fire up the Tea Party.Fire up for what?Does that mean we’ll run into the voting place instead of walk?Most people already had their minds made up and what happened yesterday did nothing to change that.As expected,democrats behaved like spoiled children who stick their tongue out at you because they got away with something with no punishment.They’re sore winners and even sorer(sorer?) losers the few times it happens.

Looking at Chrissy’s post about SCOTUS nominees,it seems democrat presidents ALWAYS!! appoint reliably liberal judges.With Republican nominees its a crapshoot.The trouble with these stealth nominees is that conservatives are never pleasantly surprised.Ever.Such was the case with Benedict Roberts yesterday.


There were rumors he switched his vote at the eleventh hour,perhaps due to bullying by The Usurper.In his opinion he stated that they were not responsible for the bloodthirsty pieces of liberal shit the ignorant masses vote into office.(OK,I took a little,well,a lot of poetic license).

Obamacare was rejected on the four points it was brought up on,so Roberts invented a fifth,about the mandate being a tax by himself,out of whole cloth.It is sad I will not live long enough to see us rid of the Jewish lesbian,the ‘Wise Latina’ and Benedict Roberts.We’re stuck with them for the next 20-30 years.

Give the democrats credit for doing their homework.They rejected every decent judge Bush nominated to the courts until they saw one they could turn.Remember Miguel Estrada?He languished for two years before he withdrew his own nomination,because the dems saw him as a potential nominee to SCOTUS.They were able to do this thanks to McShame and his ‘Gang of 14’ that snatched defeat from the jaws of victory.

I will continue my mindless diatribe in the comments.I have to refill my coffee cup anyway.


Filed under Obamacare, Supreme Court

SCOTUS says ObamaCare is a TAX


September 12, 2008: Candidate Obama makes a “firm pledge” not to raise taxes OF ANY KIND on ANYONE making less than $250,00 a year.

July 13, 2009: President Obama makes a “promise” that Americans $250,000 a year or less will not see any new taxes.

June 28, 2012: Supreme Court Declares Obamacare Constitutional as a Tax

Summary of The Heritage Foundation opinion on the Obamacare SCOTUS decision

Today’s Supreme Court decision on Obamacare has two significant constitutional silver linings, because the Court put some temporary brakes on our republic’s descent down an extra-constitutional slippery slope in which the federal government can control any aspect of our lives.

1) Five justices opined that the mandate, standing alone, cannot be justified under the Commerce Clause or the Necessary and Proper Clause. This is a serious blow to 90 percent of the legal academics and about 90 percent of Congress, since these have been the clauses used to justify so much of the modern administrative state.

2) Seven justices seemed to agree that some constitutional limitations were breached in the Medicaid expansion. This itself is a landmark ruling.

The American people and their elected representatives have a lot of work to do to repeal and replace the Obamacare statute. One political reality of today’s decision is that the Court essentially reads Obamacare as a massive tax increase, which falls most heavily on the middle class. Didn’t someone promise not to do that?

Read the rest @ http://blog.heritage.org/2012/06/28/obamacare-silver-linings-a-limited-victory-for-limited-government/

Full text of SCOTUS decision on ObamaCare


Summary of RedState opinion on ObamaCare SCOTUS decision

As you have no doubt heard by now, the Supreme Court largely upheld Obamacare with Chief Justice John Roberts writing the majority 5 to 4 decision.  Even Justice Kennedy called for the whole law to be thrown out, but John Roberts saved it.

Having gone through the opinion, I am not going to beat up on John Roberts. I am disappointed, but I want to make a few points. John Roberts is playing at a different game than the rest of us. We’re on poker. He’s on chess.

First, I get the strong sense from a few anecdotal stories about Roberts over the past few months and the way he has written this opinion that he very, very much was concerned about keeping the Supreme Court above the partisan fray and damaging the reputation of the Court long term. It seems to me the left was smart to make a full frontal assault on the Court as it persuaded Roberts.

Second, in writing his opinion, Roberts forces everyone to deal with the issue as a political, not a legal issue. In the past twenty years, Republicans have punted a number of issues to the Supreme Court asking the Court to save us from ourselves. They can’t do that with Roberts. They tried with McCain-Feingold, which was originally upheld. This case is a timely reminder to the GOP that five votes are not a sure thing.

Third, while Roberts has expanded the taxation power, which I don’t really think is a massive expansion from what it was, Roberts has curtailed the commerce clause as an avenue for Congressional overreach. In so doing, he has affirmed the Democrats are massive taxers. In fact, I would argue that this may prevent future mandates in that no one is going to go around campaigning on new massive tax increases. On the upside, I guess we can tax the hell out of abortion now. Likewise, in a 7 to 2 decision, the Court shows a strong majority still recognize the concept of federalism and the restrains of Congress in forcing states to adhere to the whims of the federal government.

Fourth, in forcing us to deal with this politically, the Democrats are going to have a hard time running to November claiming the American people need to vote for them to preserve Obamacare. It remains deeply, deeply unpopular with the American people. If they want to make a vote for them a vote for keeping a massive tax increase, let them try.

Fifth, the decision totally removes a growing left-wing talking point that suddenly they must vote for Obama because of judges. The Supreme Court as a November issue for the left is gone. For the right? That sound you hear is the marching of libertarians into Camp Romney, with noses held, knowing that the libertarian and conservative coalitions must unite to defeat Obama and Obamacare.

Finally, while I am not down on John Roberts like many of you are today, I will be very down on Congressional Republicans if they do not now try to shut down the individual mandate. Force the Democrats on the record about the mandate. Defund Obamacare. This now, by necessity, is a political fight and the GOP sure as hell should fight.

60% of Americans agree with them on the issue. And guess what? The Democrats have been saying for a while that individual pieces of Obamacare are quite popular. With John Roberts’ opinion, the repeal fight takes place on GOP turf, not Democrat turf. The all or nothing repeal has always been better ground for the GOP and now John Roberts has forced everyone onto that ground.

It seems very, very clear to me in reviewing John Roberts’ decision that he is playing a much longer game than us and can afford to with a life tenure. And he probably just handed Mitt Romney the White House.

*A friend points out one other thing — go back to 2009. Olympia Snowe was the deciding vote to get Obamacare out of the Senate Committee. Had she voted no, we’d not be here now.

Read the rest @ http://www.redstate.com/erick/2012/06/28/im-not-down-on-john-roberts/

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Filed under Obamacare, Supreme Court, Taxes