Showing posts with label individual mandate. Show all posts
Showing posts with label individual mandate. Show all posts
Saturday, June 30, 2012
Justice Roberts Caves in to Obama
It's not really news now. But, as it stands at this moment, Obamacare is officially considered constitutional by the SCOTUS. There was simply no way I could see the individual mandate standing as constitutional. All the arguments the Leftists have made were made moot when the SCOTUS declared that the mandate did not apply to the Commerce Clause of which Obamacare hinged on for the past three years. Instead, the SCOTUS declared that the mandate of Obamacare was a tax levied upon the citizens of this nation. That was declared constitutional, apparently. It appears the federal government can levy any type of tax they wish with this ruling. Of course the Obama Zombies are quickly saying this is not a tax, but a fine. Sure, but that flies directly into the face of the SCOTUS ruling on the Commerce Clause. The Leftists want it both ways. They want to say the fine is constitutional although that wasn't the ruling handed down by the SCOTUS.
It's really a sad day for freedom in this nation. The Leftists are rejoicing in this government overreach of its power. You have to look over their mindless babbling on anything. The more Socialism they can get, the better they like it. None of this would have took place without President Obama (and Leftists in general) bullying Justice John Roberts on this issue as well as the corporate campaign issue in his state of the nation address a couple of years back. There is great disgust among conservatives with Chief Justice Roberts. It appears Chief Justice Roberts changed his mind at the last moment according to some reports. Regardless, the fight over Obamacare will continue. States are saying they will not implement Obamacare. Lawsuits will continue to be filed. Of course, the final say will come to the voters in November of this year.
Wednesday, November 16, 2011
Judge Kagan to Recuse on Obamacare?
A story that is circulating and causing much anger amongst conservatives (and for totally opposite reasons, liberals as well) Supreme Court Justice Elena Kagan sent an excited email to a Harvard Law professor stating that "they have the votes" for Obamacare. Justice Kagan sent a series of emails discussing the passage of Obamacare aka Patient Protection and Affordable Care Act in March of 2010. “I hear they have the votes, Larry!! Simply amazing,” Kagan said to Tribe in one of the emails. "Larry" is Harvard Law professor Larry Tribe. Kagan served as Solicitor General for President Obama prior to being nominated and confirmed as Supreme Court Justice. The concern, of course, did Kagan help write the defense of Obamacare? If so, she must recuse herself.
8 USC 455, a Supreme Court justice must recuse from “any proceeding in which his impartiality might reasonably be questioned.” If as Solicitor General, Justice Kagan helped draft a defense of Obamacare, she must recuse herself from deliberations on this lawsuit. Of course, the above Harvard Law professor is defending Kagan. He is stating Kagan should not have to recuse herself even in face of evidence she cannot be impartial. This also flies in the face of her questioning before Senate Republicans during the confirmation process. She stated emphatically she could be impartial in deliberations on the lawsuits against Obamacare. Now, liberal groups are stating that Clarence Thomas should recuse himself as well. The rationale for that is that Justice Thomas's wife has been quite vocal in her opposition to Obamacare. Last time I checked, a Supreme Court Justice is not confirmed for a seat on the US Supreme Court based on the opinion of their spouse. If we go this route, every married justice serving would have recuse him or herself because of what their spouse might say or think. Of course, this is ridiculous. Justice Kagan, however, must recuse herself based on the emails. She cannot be impartial,.
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