Thursday, June 28, 2012

Obamacare Fail

Well, that was unexpected this morning, wasn't it? That the commerce clause argument did succeed; it was not constitutional. But it is a tax. A tax despite Obama saying it was not a tax increase, the legislation using the word "penalty."  And it was not Kennedy that defected, but the Chief Justice. Wow, John Roberts.

Now that there has been a few hours to absorb the decision, a few people questions. Can this be a new Marbury v. Madison?  How much is Congress thwarted going forward under the Commerce Clause?  Was Justice Ginsburg outlining another constitutional challenge to the mandate--if religious liberties questions were violated?  Was the dissent originally the majority? 

And most imortantly, what will happen in November? I gave my first presidential donation today to Romney. Repeal is the only answer.

I will leave you with the Scalia/Kennedy/et. al. dissent:
Whatever may be the conceptual limits upon the Commerce Clause and upon the power to tax and spend, they cannot be such as will enable the Federal Government to regulate all private conduct and to compel the States to function as administrators of federal programs. That clear principle carries the day here.

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