Roberts Flips Sides and Supports Obamacare
|Stabbed In The Back|
“Roberts ruled that the Constitution’s Commerce Clause did not allow the insurance mandate, but that it was constitutional under Congress’s power of taxation.”(The Hill) Republicans expressed shock and deep disappointment on Thursday after Supreme Court Chief Justice John Roberts wrote the majority opinion to uphold President Obama’s healthcare law.
“I’m disappointed in the result,” said Sen. Jeff Sessions (R-Ala.), a member of the Judiciary Committee who participated in Roberts’s lengthy confirmation hearings. “I think history may record that he was not right. I think he may have made a mistake.”Sen. Mike Lee (R-Utah), a Tea Party favorite and member of the Judiciary Committee elected in 2010, said he was “shocked” Roberts found the law’s mandate that people buy insurance to be a tax.
“I disagree with it,” he said, adding that he was disappointed in Roberts.
Rep. Michele Bachman (R-Minn.), a leader of the Tea Party movement, blasted Roberts’s opinion as out of step with the Constitution. “We’re profoundly disappointed in the decision from the court,” Bachmann told CNN while standing on the court steps.Roberts was nominated to the court by President George W. Bush and received unanimous support from GOP senators, who felt blindsided when he voted to uphold a law they believed was on the verge of unraveling.
“I urge people to read the dissent that was read from the bench by Justice [Anthony] Kennedy and joined in by Justices [Samuel] Alito and also [Antonin] Scalia because that opinion said very clearly, this was an activist court that you saw today,” she said. “What they did was not just uphold ObamaCare; this Supreme Court rewrote ObamaCare in line with its own design.”
Roberts ruled that the Constitution’s Commerce Clause did not allow the insurance mandate, but that it was constitutional under Congress’s power of taxation.
Sessions said that while he did not regret voting for Roberts, he could not understand how the chief justice could reach his conclusion, particularly when the law’s authors argued it was not a tax during the congressional debate.
“This was sold as a mandate, they called it a mandate, it looked like a mandate and in oral argument [the solicitor general] came in and claimed it was a tax but I’m not sure the chief was right in concluding it was a tax,” Sessions said.
I do not agree one bit with what Chief Justice Roberts did, as a matter of fact I am disgusted, but you can not accuse the Chief Justice if playing partisan politics. I am certain had Roberts voted against this mockery, the left would have been screaming that Chief Justice Roberts was playing partisan politics, no doubt about it.
Rep. Allen West (R-Fla.), another prominent conservative voice, said the five justices who upheld the healthcare law were guilty of “a little bit of legislating from the bench.”
“Where does it end for Congress if we have this infinite power of taxation? That’s my concern,” he said. Complete Article Here
Justice Kagan Repays Obama
Talking about repaying Obama, Kagan did so today. This is why it is so crucial that Obama be defeated in November. If Obama is reelected and appoints another Justice, you will see our constitution dismantled and tossed out the window.
Kagan Should have recused herself from hearing Obama care. Why? Because Kagan was the Solicitor General of the United States. As the solicitor general of the United States, Kagan was the one who headed up the office that FORMULATED the Obama administration’s legal defense of the legislation. Now is that not a clear case of leaving the FOX guarding the chicken coop? For me it is.
That is wrong as it gets. She knew what was going on behind the scenes. There is no doubt whatsoever that Kagan was updating Obama at every opportunity.
Again, had the shoe been on the other foot, Pelosi would have been screaming so hard she would have wet herself.
Now that Obama’s unconstitutional monstrosity – the Patient Protection and Affordable Care Act, aka Obamacare – has reached the Supreme Court, it is time for Justice Elena Kagan to recuse herself.As solicitor general of the United States, Kagan headed up an office that formulated the Obama administration’s legal defense of the legislation.
"Kagan is obliged under Section 455(b)(3) of Title 28 of the U.S. Code to recuse herself from cases where a justice has “served in governmental employment and in such capacity participated as counsel, adviser, or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case or controversy.”
In February, Senator Jeff Sessions cited United States v. Gipson, a decision made by the Tenth Circuit that held judges who have “previously taken a part, albeit small, in the investigation, preparation, or prosecution of a case” must disqualify themselves.
“Previously undisclosed e-mails that the Justice Department has released pursuant to court order demonstrate Kagan’s direct involvement in the administration’s defense of the president’s health law from the very beginning,” writes Sessions. “In January 2010, she assigned her chief and only political deputy, Neal Katyal, to the matter — the legal equivalent of a firm’s senior partner delegating work to a junior associate.
That same month Katyal wrote in an e-mail to the associate attorney general’s office that ‘Elena would definitely like OSG [Office of Solicitor General] to be involved in this set of issues.’ These actions alone constitute personal participation in the preparation of the case, and that is all §455(b)(3) requires to trigger mandatory recusal.”
“Justice Kagan’s involvement in the preparation of the government’s defense of the health-care law began at least as early as January 2010, four months before her nomination and two months before the bill became law. That she would not follow the same course in the health-care case is dubious. These facts require recusal,” Sessions concludes.
During confirmation before the Senate Judiciary Committee, Kagan promised in a written questionnaire that she would follow the “letter and spirit” of 28 U.S.C. 455. (Complete story here:)
There is nothing left to say, all we can say is November is our last chance…we had Obama on the ropes and Roberts left him off the Mat!