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Friday, June 29, 2012


It’s not over till it’s over. The 5-4 SCOTUS decision upholding Obamacare is prompting a wide range of reactions. According to Dov Fischer at American Thinker:

There is now a formal United States Supreme Court opinion on the books, overdue by nearly a century, holding that the federal government may not wield the Commerce Clause to impose on American citizens the obligation to buy health insurance or anything else we do not want. . . .

What is the point here? If the “federal government may not wield the Commerce Clause to impose on American citizens the obligation to buy health insurance or anything else we do not want,” under this ruling, they may instead wield the authority of Congress to impose a tax to coerce Americans to buy things they don’t want.

It’s actually worse than that. Andy McCarthy makes the case that

the Supreme Court decided that Americans have no right to due process. Indeed, the Court not only upheld a fraud perpetrated on the public — it became a willing participant.

Chief Justice Roberts & Co. . . . said the American people are not entitled to an honest legislative process, one in which they can safely assume that when Congress intentionally uses words that have very different meanings and consequences — like tax and penalty — and when Congress adamantly insists that the foundation of legislation is one and not the other, the Court will honor, rather than rewrite, the legislative process. Meaning: if Congress was wrong, the resulting law will be struck down, and Congress will be told that, if it wants to pass the law, it has to do it honestly. . . .

Further, it shielded the political branches from accountability for raising taxes, knowing full well that, had Obama and the Democrats leveled with the public that ObamaCare entailed a huge tax hike, it would never have had the votes to pass. . . .

The ObamaCare mandate was enacted as a penalty flowing from Congress’s Commerce Clause power. It has been upheld as a tax flowing from Congress’s power to tax-and-spend under the General Welfare Clause. As the dissent sharply demonstrates, the contention that the mandate could have been enacted as a tax is frivolous.

State Governors, such as Republican Gov. Bobby Jindal (Louisiana) are already stepping up to the plate by refusing to to “establish a federally mandated health care exchange in his state.” So has Democrat Governor John Lynch (New Hampshire). Media Trackers reports that Gov. John Kasich has announced that Ohio will not “create a health insurance exchange” with the federal government. It's an opportunity to call Kasich's office with words of solid support. PH (614) 466-3555 or e-mail him here.

Fischer further commented on the potential political consequences of the SCOTUS ruling:

Congress has a massive new mess awaiting it, all as voters prepare to vote for a new Congress and for 33 Unite States Senate seats, 23 now held by Democrats and their two “independent” allies. House Republicans solidly will vote symbolically to overturn the legislative monstrosity, and they will find endangered House Democrats breaking ranks with their leadership to vote with them. Senate Democrats facing reelection will be caught in a vise. Harry Reid will be trying desperately to prevent a vote on ObamaCare repeal from reaching the Senate floor, even as national news coverage focuses on the two national parties’ conventions.

Politico reports that "House Majority Leader Eric Cantor (R-Va.) said Thursday that the Republican-led House will vote on repealing the health care law soon after the July 4 recess.It’s not too early to call the representatives from Ohio. Republican contact info is here.

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