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  • psumichael said...

    Well, the mainstream media would be publishing headlines like "Roberts reverses course....what he previously deemed a "tax" no longer qualifies as a tax." You might say, who cares what the media will write/say? Normally I wouldn't, but if you believe that Roberts' decision today was swayed by media/political pressure, then it's relevant.

    I hope you're right, MTayl, that this is just a punt and that if Obama gets re-elected this will be struck down in the future for the absurdity that it is. This law/regulation that a tax can't be challenged until it is levied is concerning considering the games politicians play. Obama already played the game by enacting most of the "benefits" of Obamacare in 2009 and putting off the penalty, I mean tax, until 2014. In theory could he have literally put off the penalty, I mean tax, until 2086? And then no one could challenge the legislation until 2086, according to Roberts' ruling?

    But in the meantime healthcare suffers, billions of tax dollars are collected, the economy gets worse so on and so forth all because Roberts played politics and caved to public perception.

    I'd bet dollars to donuts that if Roberts was able to sway any of the liberal judges to vote against the mandate and make it 6-3 the other way he would have voted that way.

    Try to fathom the hypocrisy of a Government that requires every citizen to prove they are insured .but not prove they're a citizen

    sneakypete

  • sneakypete said...

    Id like to see one or all of the conservative justices challenge him.

    Smart (not really) considering his actions today, if you follow the SCOTUS, point to him overturning the tax, that would be mistake. If he is challenged it will not be in public view. He doesn't call out the policy like he did after the ruling, or declared it unconstitutional through the commerce clause if he doesn't fee that the tax would be rendered unconstiutional. There is a reason he noted all of the things.

    MTayl72

  • The fucking tunnel vision people have concerning government and politics is concerning.

    MTayl72

  • MTayl72 said...

    He wouldn't reverse course at all. He would declare the tax unconstitutional, not declare it not a tax. So that is wrong.

    Considering the GOP will hold the house for the forseeable future, and posibly the Senate here soon, there is little to no chance they would push back the mandate period, they would simply eliminate it ithey had the power to do so.

    Delete

    This post was edited by sneakypete on 6/28/2012 at 10:43 PM

    Try to fathom the hypocrisy of a Government that requires every citizen to prove they are insured .but not prove they're a citizen

    sneakypete

  • sneakypete said...

    To deem it a tax does he not have to say where it falls under? Why he thinks it falls under that? If in hs written ruling he states it's a tax and falls under the excise tax for example when it was challenged later how could he then say it doesn't fit that. Well he obviously can do/say that but he would be flip flopping and he will be shown for what he did today and leave no doubt.

    HE DOESN'T HAVE TO SAY IT DOESN'T FIT THAT JUST THAT THE TAX, EVEN AS AN EXCISE TAX, IS UNCONSTITUTIONAL IN NATURE.

    This post was edited by MTayl72 on 6/28/2012 at 10:44 PM

    MTayl72

  • MTayl72 said...

    He wouldn't reverse course at all. He would declare the tax unconstitutional, not declare it not a tax. So that is wrong.

    Considering the GOP will hold the house for the forseeable future, and posibly the Senate here soon, there is little to no chance they would push back the mandate period, they would simply eliminate it ithey had the power to do so.

    Oh, I understand what Roberts would do in the scenario you're throwing out there. I was pointing out that his actions would be twisted and misrepresented by the mainstream media for sure. When I visited the CNN website this morning for kicks I saw about 20 headlines devoted to the ruling/health care, yet none of them pointed out the reason it was upheld was a complete contradiction to the administration's arguments of the past 3 years. CNN probably cycled stories at some point and threw up a headline or two but that was the situation when I checked it out.

    Okay, I follow you on paragraph two.

    psumichael

  • MTayl72 said...

    The fucking tunnel vision people have concerning government and politics is concerning.

    Actually, the lack of common sense and ethics in government and politics is even more concerning. The Supreme Court was asked to rule on whether or not coercing citizens to pay a penalty was constitutional. For Roberts to say it is constitutional by calling it a "tax" (even though Obama himself says it is not), which he believes to be unconstitutional is the epitome of what is wrong with our judicial system.

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    “We need to keep this (expletive) together,” Mauti and Zordich to Hill

    psujmc1992

  • psumichael said...

    Oh, I understand what Roberts would do in the scenario you're throwing out there. I was pointing out that his actions would be twisted and misrepresented by the mainstream media for sure. When I visited the CNN website this morning for kicks I saw about 20 headlines devoted to the ruling/health care, yet none of them pointed out the reason it was upheld was a complete contradiction to the administration's arguments of the past 3 years. CNN probably cycled stories at some point and threw up a headline or two but that was the situation when I checked it out.

    Okay, I follow you on paragraph two.

    CNN was terrible this morning, and they've been extra bad lately. They won't point out the contradiction to the President's past statments because they are on Obama's dick. But that has no bearing on what Roberts decides really. I think you hit the nail on the head with what they did.

    MTayl72

  • MTayl72 said...

    Thomas Jefferson. Best President Ever. End of Story.

    Agreed actually.

    signature image signature image signature image

    ‏@Cordale10 Why should we have to go to class if we came here to play FOOTBALL, we ain't come to play SCHOOL, classes are POINTLESS

    Texas Lion

  • psujmc1992 said...

    Actually, the lack of common sense and ethics in government and politics is even more concerning. The Supreme Court was asked to rule on whether or not coercing citizens to pay a penalty was constitutional. For Roberts to say it is constitutional by calling it a "tax" (even though Obama himself says it is not), which he believes to be unconstitutional is the epitome of what is wrong with our judicial system.

    And you calling the Chief Justice of the Supreme Court a pussy makes me want to fucking throw you off a God damned cliff because how embarrassing it is as a citizen. You may not like him (he isn't my favorite right now), you may not agree with anything he stated (I sure as hell do not), but it is a position of elite power and he followed what he believed as far as we have evidence. What Obama says should not, and did not, have any bearing on what he found, as wrong as I feel it may be.

    You are no better than the morons calling Obama a N, and the Occupy morons with that view. The Constitution has been interpreted both by liberal and conservative judges in different ways for two centuries. Its the way it is. I'm sorry in your black and white world you want the Justices to follow through with policy actions, I do not. It isn't perfect, and I'm pissed, but your earlier post was moronic. This is a large issue that has not yet been completely resolved. I'm more focused on increasing the lead in the House, winning the Senate, and dealing with our President and his awful policies which got us in this mess in the first place.

    This post was edited by MTayl72 on 6/28/2012 at 11:00 PM

    MTayl72

  • I miss anything today? popcorn

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    #DicedPineapples

    shavisimo2

  • MTayl72 said...

    And you calling the Chief Justice of the Supreme Court a pussy makes me want to fucking throw you off a God damned cliff because how embarrassing it is as a citizen. You may not like him (he isn't my favorite right now), you may not agree with anything he stated (I sure as hell do not), but it is a position of elite power and he followed what he believed as far as we have evidence. What Obama says should not, and did not, have any bearing on what he found, as wrong as I feel it may be.

    You are no better than the morons calling Obama a N, and the Occupy morons with that view. The Constitution has been interpreted both by liberal and conservative judges in different ways for two centuries. Its the way it is. I'm sorry in your black and white world you want the Justices to follow through with policy actions, I do not. It isn't perfect, and I'm pissed, but your earlier post was moronic. This is a large issue that has not yet been completely resolved. I'm more focused on increasing the lead in the House, winning the Senate, and dealing with our President and his awful policies which got us in this mess in the first place.

    Whoa....take some blood pressure meds....you're about to burst!

    psumichael

  • psumichael said...

    Whoa....take some blood pressure meds....you're about to burst!

    I loathe the decision today, but what some of these people are doing is questioning the overall legitimacy and quality of the American system. That embarrases the shit out of me as a citizen. It is not perfect, but its the best there is.

    MTayl72

  • MTayl72 said...

    What Obama says should not, and did not, have any bearing on what he found, as wrong as I feel it may be.

    What Obama said in interviews certainly should have nothing to do with the ruling, but what his administration argued in front of the court certainly does. They argued one thing and the attorneys general rebutted that. Then Roberts made his decision based on an argument the administration didn't even make (and therefore didn't the attorneys general a chance to rebut). I think that's what psumj was getting at.

    EDIT: BTW, MTayl72, if you haven't already you might want to read the dissenting opinion. I think you'd find it very interesting. It's an absolutely scathing response to Roberts' bizarre ruling. A quote: "The Court today decides to save a statute Congress did not write."

    This post was edited by psumichael on 6/28/2012 at 11:15 PM

    psumichael

  • psumichael said...

    What Obama said in interviews certainly should have nothing to do with the ruling, but what his administration argued in front of the court certainly does. They argued one thing and the attorneys general rebutted that. Then Roberts made his decision based on an argument the administration didn't even make (and therefore didn't the attorneys general a chance to rebut). I think that's what psumj was getting at.

    Unfortunately, the Justices are allowed to do that as they look for their own interpretation of the law. Even if the Obaa's surrogates in fron tof the Court argue one thing, the Justices are allowed to disagree and find it completely wrong, in whichever way it may fall. The beiggest thing to note here is that Roberts didn't align with the liberal judges in the grand scheme, his finding of the law unconstitutional under the Commerce Clause highlights that, and in fact dissented in some way with all 8 other judges is quite notable if you dig deeper than thr 5-4 decision.

    Sneaky earlier raised the best point though. There was one Justice who never should have been involved in this decision. And without her, its most likely 6-3, though we can never prove that and it doesn't matter now.

    MTayl72

  • MTayl72 said...

    I loathe the decision today, but what some of these people are doing is questioning the overall legitimacy and quality of the American system. That embarrases the shit out of me as a citizen. It is not perfect, but its the best there is.

    Nobody is questioning the legitimacy of the system they are questioning Roberts, his actions and/or decision.

    Try to fathom the hypocrisy of a Government that requires every citizen to prove they are insured .but not prove they're a citizen

    sneakypete

  • psumichael said...

    EDIT: BTW, MTayl72, if you haven't already you might want to read the dissenting opinion. I think you'd find it very interesting. It's an absolutely scathing response to Roberts' bizarre ruling. A quote: "The Court today decides to save a statute Congress did not write."

    I know I will. I just developed a severe hate for SCOTUS documents after my last semester which I had to take Public Personnel Human Resources directed by a man who dedicated his life to affirmative action. So I've trid to avoid it today, I know I will though. Most likely this weekend when I have awhile and have calmed down from the overall decision itself.

    MTayl72

  • Haven't started reading the opinions yet.

    Would somebody mind sending or Posting a link? TIA.

    Any recommendations on where I start?

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    ‏@Cordale10 Why should we have to go to class if we came here to play FOOTBALL, we ain't come to play SCHOOL, classes are POINTLESS

    Texas Lion

  • Texas Lion said...

    Haven't started reading the opinions yet.

    Would somebody mind sending or Posting a link? TIA.

    Any recommendations on where I start?

    There's no good place to start on a Supreme Court opinion. Most of the time starting is a mistake.

    signature image

    #DicedPineapples

    shavisimo2

  • MTayl72 said...

    Sneaky earlier raised the best point though. There was one Justice who never should have been involved in this decision. And without her, its most likely 6-3, though we can never prove that and it doesn't matter now.

    If I'm reading what you wrote correctly, which I may not be and is why I'm asking, are you saying that if Kagan recused herself you believe Roberts votes the other way?

    Try to fathom the hypocrisy of a Government that requires every citizen to prove they are insured .but not prove they're a citizen

    sneakypete

  • Texas Lion said...

    Haven't started reading the opinions yet.

    Would somebody mind sending or Posting a link? TIA.

    Any recommendations on where I start?

    Official version: http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf

    Dissenting opinion in html format:
    http://www.weeklystandard.com/blogs/scalia-kennedy-thomas-and-alito-dissent-we-cannot-rewrite-statute-be-what-it-not_647952.html

    psumichael

  • MTayl72 said...

    And you calling the Chief Justice of the Supreme Court a pussy makes me want to fucking throw you off a God damned cliff because how embarrassing it is as a citizen. You may not like him (he isn't my favorite right now), you may not agree with anything he stated (I sure as hell do not), but it is a position of elite power and he followed what he believed as far as we have evidence. What Obama says should not, and did not, have any bearing on what he found, as wrong as I feel it may be.

    You are no better than the morons calling Obama a N, and the Occupy morons with that view. The Constitution has been interpreted both by liberal and conservative judges in different ways for two centuries. Its the way it is. I'm sorry in your black and white world you want the Justices to follow through with policy actions, I do not. It isn't perfect, and I'm pissed, but your earlier post was moronic. This is a large issue that has not yet been completely resolved. I'm more focused on increasing the lead in the House, winning the Senate, and dealing with our President and his awful policies which got us in this mess in the first place.

    My calling him a pussy makes you want to push me off a cliff? How about if I call you a douchebag? What do you want to do now?

    What Obama says has no bearing? WTF? The policy as intended by Obama and as written is NOT a tax. Yet Roberts essentially made it a tax, getting the Supreme Court involved in policy making, doing the opposite of what you say he is trying to do. The simple and right answer should have been, it is unconstitutional to coerce citizens to purchase insurance. It should have been up to Obama and his friends to find the loophole to get it through.

    Finally, the day I listen to a 24 or so year old kid a week into his first job for political insight, you won't have to push me off a cliff. I'll jump voluntarily.

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    “We need to keep this (expletive) together,” Mauti and Zordich to Hill

    psujmc1992

  • psujmc1992 said...

    My calling him a pussy makes you want to push me off a cliff? How about if I call you a douchebag? What do you want to do now?

    What Obama says has no bearing? WTF? The policy as intended by Obama and as written is NOT a tax. Yet Roberts essentially made it a tax, getting the Supreme Court involved in policy making, doing the opposite of what you say he is trying to do. The simple and right answer should have been, it is unconstitutional to coerce citizens to purchase insurance. It should have been up to Obama and his friends to find the loophole to get it through.

    Finally, the day I listen to a 24 or so year old kid a week into his first job for political insight, you won't have to push me off a cliff. I'll jump voluntarily.

    Idc what you call me. That isn't attacking a position of power for makking an interpretation.

    Obama doesn't matter at that point. If he reads it as a tax, whether intended that way or not, that's what he cites. If Obama says something isn't a tax because he doesn't want to use that word, it doesn't make it not a tax. I disagree with the opinion. Said it umteenth time. But it would be a bigger issue if he believed it was a tax and went with the party. He clearly does not believe in the quality of the law.

    Over 2 years now. New job was just started a month ago. The job before it I ran programs including contract approval and auditing and compliance. You may not want to listen to me but your tunnel vision to this case hurts no one but yourself. If you don't care to understand that's your issue.

    Its ridiculous I feel the need to defend an action I disagree with on the result. The action itself is not wrong, that is his interpretation. I fully disagree with it however. And respect his decision begrudgingly.

    MTayl72

  • MTayl72 said...

    Idc what you call me. That isn't attacking a position of power for makking an interpretation.

    Obama doesn't matter at that point. If he reads it as a tax, whether intended that way or not, that's what he cites. If Obama says something isn't a tax because he doesn't want to use that word, it doesn't make it not a tax. I disagree with the opinion. Said it umteenth time. But it would be a bigger issue if he believed it was a tax and went with the party. He clearly does not believe in the quality of the law.

    Over 2 years now. New job was just started a month ago. The job before it I ran programs including contract approval and auditing and compliance. You may not want to listen to me but your tunnel vision to this case hurts no one but yourself. If you don't care to understand that's your issue.

    Its ridiculous I feel the need to defend an action I disagree with on the result. The action itself is not wrong, that is his interpretation. I fully disagree with it however. And respect his decision begrudgingly.

    Attacking a position of power? I believe you called it elite power before. WTF is that? Dictators and despots have elite power as well. Having power clearly does not make someone wise. It clearly doesn't make someone right and it doesn't put them above being criticized for their actions and decisions. In this instance, he can and should rule in anyway he sees fit, provided he fulfills his obligation to uphold his vision of the Constitution. You have argued that he made a decision for reasons other than that, namely to avoid being viewed as partisan and avoid any influence on the election. He is a pussy for shirking his duty not because of his ruling, in and of itself.

    And once again, the Court was asked a question, is it legal for the federal government to force John Q Public or his employer to buy health insurance? It was not asked, how can the federal government word this bill so that it is constitutional? Yet that is what they did. In one fell swoop, he accomplished everything you believe be was trying to avoid.

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    “We need to keep this (expletive) together,” Mauti and Zordich to Hill

    psujmc1992

  • psujmc1992 said...

    And once again, the Court was asked a question, is it legal for the federal government to force John Q Public or his employer to buy health insurance? It was not asked, how can the federal government word this bill so that it is constitutional? Yet that is what they did. In one fell swoop, he accomplished everything you believe be was trying to avoid.

    Sure he answered that. Because as a tax, which is how he apparently interpreted it which is his job, they do not force buying a product on anyone. The consumer can decline to buy the product, therefore they are not forced. The penalty in his interpretation is therefore a tax that you pay as a result. That tax cannot be challenged or deemed constitutional at any time, because it has yet to be levied on anyone.

    I think that's all wrong, but that's his basis.

    MTayl72