Friday, March 29, AD 2024 8:14am

Et Tu, Ioannes?

The Supreme Court has ruled the individual mandate is constitutional as a tax. So the individual mandate is not a permissible use of the commerce clause; however, it is appropriate for Congress to levy a tax that essentially forces taxpayers to buy health insurance.

I will have to wait until I read the entire opinion before rendering judgment, but at first blush this looks like a terrible defeat for the rule of law.

By the way, it looks like it was a 5-4 decision. Kennedy voted with Scalia, Thomas and Alito. Let that sink in.

Correction: I am now reading that it was 6-3. Honestly, I’m reading a lot of conflicting reports, so I’ll refrain from further commentary until I read the opinions.

Correction to the Corrction: Nope, Kennedy, Alito, Thomas and Scalia would have decreed the entire act unconstitutional. It was John Roberts who saved Obamacare.

And now I offer my apologies to all those I scolded for critiquing the John Roberts selection. You were right. I’ve thus changed the post title.

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Joe Green
Joe Green
Thursday, June 28, AD 2012 9:19am

Roberts bows to King Obama. Another sorry day for the late great USA

Catherine A. McClarey
Admin
Thursday, June 28, AD 2012 9:20am

(Guest comment from Don’s wife Cathy:) Don’s just come down with a kidney stone; otherwise, I’m sure he’d be commenting at length on this.

Paul W Primavera
Thursday, June 28, AD 2012 9:22am

1st Samuel chapter 8.

Tito Edwards
Admin
Thursday, June 28, AD 2012 9:23am

Not good news.

Sid
Sid
Thursday, June 28, AD 2012 9:31am

Past time to vote out Congress and start over.

Tito Edwards
Admin
Thursday, June 28, AD 2012 9:36am

We need to win both houses by super-majorities and the presidency in order to repel Obamacare.

I don’t see this happening.

And the argument that we can stop funding of Obamacare is pointless, because once a democrat takes the executive branch and the legislative branch (which will happen over time), they’ll go back and fund it.

It’s a bad day for American Freedom.

That and Chief Justice Roberts is looking more like the equivalent of Bush I’s Souter. A liberal wolf in conservative sheepskin.

Paul W Primavera
Thursday, June 28, AD 2012 9:39am

Excellent re-title of this post, execpt it should read:

“Et tu, Ioannes?”

Ioannes is the Latin (and Greek) for John.

I am beyonmd livid, BUT we have to remember that God allows everything to happen for a reason, and Jesus Christ is STILL on the Throne and STILL in control.

Obama cannot and will not win. He will one day stand before that Great White Throne of Justice as we all shall. He will answer for his crimes and he will NOT escape the rightful punishment due to him (as none of us shall escape should we remain in a state of unrepentant sin).

Lord have mercy!
Christ have mercy!
Lord have mercy!

Foxfier
Admin
Thursday, June 28, AD 2012 9:40am

And the day started out so well….

Foxfier
Admin
Thursday, June 28, AD 2012 9:40am

Trying to wrap my mind around KENNEDY being solid on this.

thelarryd
Thursday, June 28, AD 2012 9:41am

ACA: Taxation Without Regulation.

If Congress can say you can be taxed for not buying health care, then they can say you may be taxed for not buying broccoli.

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Thursday, June 28, AD 2012 9:51am

[…] Et Tu, Ioannes? | The American Catholic. Share this:TwitterFacebookLike this:LikeBe the first to like […]

bob
bob
Thursday, June 28, AD 2012 9:54am

If this doesn’t put the nail in the coffin of the “you must vote GOP because of the importance of Supreme Court nominations” meme, nothing will. The appointment of John “Roe is settled law, and I do pro bono work for the homosex lobby” Roberts should have been enough in itself; but really, can there be any reasonable doubters now?

WK Aiken
WK Aiken
Thursday, June 28, AD 2012 9:58am

Roberts (via FoxNews:) “The Affordable Care Act is constitutional in part and unconstitutional in part The individual mandate cannot be upheld as an exercise of Congress’s power under the Commerce Clause,” Roberts wrote. “That Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage it. In this case, however, it is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but choose to go without health insurance [empahsis mine]. Such legislation is within Congress’s power to tax.”

So, just being unfairly rich isn’t bad enough anymore? Now, you can’t be unfairly rich and unfairly independent?

They can’t make me buy an electric car that doesn’t work, but they can tax me at any given rate (which the Secretary shall determine at a later date) for NOT buying one.

Great. I believe that gun and ammo sales will begin to increase soon.

Ruger: RGR on NYSE.
Smith and Wesson: SWHC on NASDAQ.
Taurus Brazilian: SAO-FJTA4.

Paul W Primavera
Thursday, June 28, AD 2012 10:00am

Tibi gratias, Paule!

Tito Edwards
Admin
Thursday, June 28, AD 2012 10:05am

WK Aiken,

Is that a gremlin or cat you are using as your avatar?

/trying desperately to forget that John “Souter” Roberts is very young and will be on the Supreme Court for a good 40 years.

Chris Pennington
Chris Pennington
Thursday, June 28, AD 2012 10:37am

I feel like I just got punched in the gut….. really, really hard…..

Paul D.
Paul D.
Thursday, June 28, AD 2012 10:42am

So Obamacare now becomes the new litmus test for nominees. Only those who would agree to overturn Roe and Obamacare get nominated.

Unbelievable. This day shall live in infamy.

John Henry
Thursday, June 28, AD 2012 10:46am

Defeat for the rule of law? This was a great victory for limiting the scope of the Commerce Clause. Finally, a limit! Roberts just needs to learn how to read a statute and we will be all set.

WK Aiken
WK Aiken
Thursday, June 28, AD 2012 10:49am

The avatar is a photoshopped rabbit (eyes) who is objecting vociferously to having its teeth brushed. Ironically, it does well represent the emotional state of most right-thinking Americans today.

I do not know why the website grabbed onto it from among the (literally) hundreds of graphic images I have on my computer. Perhaps I used it as a past logon avatar.

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Thursday, June 28, AD 2012 10:56am

[…] Et Tu, Ioannes? – Paul Zummo, The American Catholic […]

Greg Mockeridge
Greg Mockeridge
Thursday, June 28, AD 2012 11:03am

This is a parody I wrote a few years ago.

OHHHHHBaamaaa, Ohhhhhbbbbbbammmmaaa

(sung to the tune of Ritichie Valens Oh Donna)

We have a president, Obama is his name. Since January, he’s been goin’ insane. Oh I loathe his ways, but with Obama this is how it’s going to be.

Ohhbaama, Ohhbaama, Ohhbaama,

Turnin’ health care into welfare, he’ll make us all sick, it’s a part of his scheme, a socialist trick.
Though we loathe his plan, but Obama wants to force it to be.

Ohhbaama, Ohhbaama, Ohhbaama,

He hates the military, this is clearly true. he prefers Code Pink to the red, white, and blue. He loathes this land, Obama this doesn’t have to be.

Ohhbaama, Ohhbaama, Ohhbaama,

Anzlyne
Anzlyne
Thursday, June 28, AD 2012 11:11am

What can we do about it now?

Greg Mockeridge
Greg Mockeridge
Thursday, June 28, AD 2012 11:17am

“What can we do about it now?”

Put your head between your legs, lift your head up and kiss your sweet ass goodbye.

Tom
Tom
Thursday, June 28, AD 2012 11:21am

I will never comply! We have been stabbed in the back by Chief Justice “Bart Stupak” John Roberts! Sadly, I’ll probably end up in prison over this. I will never give my money for abortion!!! There will be no redress from this. The entire republic has been fatally undermined. I do not envision an electoral remedy. I am cleaning my shootin’ irons.

Anzlyne
Anzlyne
Thursday, June 28, AD 2012 11:25am

I haven’t really been praying about this in particular– thinking about it but not praying. I will pray more. I will give to the Becket fund. Would like to go to Courthouse steps but alas Even if we had a many people in Washington as they do on Jan. 22, will they pay attention? I will vote__________. II hope the repub convention speaks loud and clear to this issue. I hope Rubio etal take a look at what justice Kennedy saw.

bob
bob
Thursday, June 28, AD 2012 11:50am

The Roberts court is the lasting legacy of “conservative” support for George W. Bush. Now of course we simply MUST vote for Romney, because gosh, we can’t let the Left control the Supreme Court.

Unless something happens to completely re-orient American conservatism to be actually, you know, conservative, there will no longer be a country worth conserving.

Joe Green
Joe Green
Thursday, June 28, AD 2012 12:03pm

Arizona got trashed so why is this a big surprise? The fix was in when Kagan and Sotomayor got in. The bishops have zero chance of winning against the Obama juggernaut. “Women’s rights” will trump “religious liberty.” Time to re-read 1984.

Foxfier
Admin
Thursday, June 28, AD 2012 12:06pm

From facebook:
Todd Brophy posted in Hot Air Free Speech Zone
Todd Brophy 9:38am Jun 28
OK……………. I feel much better about this now. The States can opt out of the Medicare boondoggle. This reaffirms the 10th Amendment and States rights. This law cannot be supported by the Commerce Clause argument. The Federal Government, under this precedent, cannot force you to buy anything. The personal mandate is a tax. If you refuse to pay it, there is no mechanism to force payment. This makes the law a sham. If the mandate is a tax, it may be repealed by reconciliation. This means we need 51 votes in the Senate, not 60. Roberts is perhaps a genius and he is telling us, you make think you lost, you won big, now vote Obama out and secure your future.

View Post on Facebook · Edit Email Settings · Reply to this email to add a comment.

Anybody with better legal kungfu than me (ie, most any adult over 30) got a clue?

RL
RL
Thursday, June 28, AD 2012 12:07pm

Don, praying that you get well so soon. For your own comfort and so you can get it taken care of before Obamacare fully kicks in and you find yourself in “hospice” due to this malady disease which would be too costly to treat.

Greg Mockeridge
Greg Mockeridge
Thursday, June 28, AD 2012 12:30pm

“(Guest comment from Don’s wife Cathy:) Don’s just come down with a kidney stone; otherwise, I’m sure he’d be commenting at length on this.”

Good thing for Don Obamacare hasn’t gone into effect yet.

Greg Mockeridge
Greg Mockeridge
Thursday, June 28, AD 2012 12:34pm

“That and Chief Justice Roberts is looking more like the equivalent of Bush I’s Souter. A liberal wolf in conservative sheepskin.”

Somehow this brings the image of Roberts unzipping himself only to reveal he is actually David Souter and says, “And you thought I retired…. hehehehehe.

Foxfier
Admin
Thursday, June 28, AD 2012 12:50pm

Kinda what I was thinking….

Catherine A. McClarey
Admin
Thursday, June 28, AD 2012 12:51pm

(Don’s wife Cathy again:) Thanks for the prayers & good wishes! We convinced our family doctor to open his office early so he could see Don & call in prescriptions for Flomax & paid meds to the pharmacy. (How willing would a physician be to provide that kind of above-and-beyond service under Obamacare?)

trackback
Thursday, June 28, AD 2012 12:52pm

[…] 28, 2012 By Mark Shea Leave a CommentTo make sure you get rock solid SCOTUS appointees like John Roberts, of course. And Presidents like Mitt Romney who never gave the people of Massachusetts anything […]

WK Aiken
WK Aiken
Thursday, June 28, AD 2012 12:56pm

I’ve been thinking, which is always dangerous, but it’s been a fairly crisis-free work day so there’s been time. Maybe all the crises are in WDC right now . . .

Anyway, this excerpt from Herr Roberts keeps jumping up at me and shouting.

” . . . it is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but choose to go without health insurance. Such legislation is within Congress’s power to tax.” Again, emphasis mine.

No legal scholar am I, but this looks like SCOTUS has just made it Constitutional for Congress to tax a non-activity. Like division by zero, this makes such power infinite in scope. Regardless of whether it takes place acorss state lines, it is now possible for Congress to say “You are not [doing, buying, participating in] thing X, and therefore we shall tax you for this not doing of it.”

Now, I also do not consider myself an alarmist, but how many steps is it between the power to tax for Not Doing Something, and This:

“He also forced everyone, small and great, rich and poor, free and slave, to receive a mark on his right hand or on his forehead, so that no one could buy or sell unless he had the mark, which is the name of the beast or the number of his name.” Rev 13:16-17

You want to be exempt from all the various taxes incurred by not doing things? Well, here. Just put this on yourself someplace obvious, just so we can keep track . . .

Mary De Voe
Thursday, June 28, AD 2012 1:17pm

Catherine A. McClarey says:
Thursday, June 28, 2012 A.D. at 9:20am
(Guest comment from Don’s wife Cathy:) Don’s just come down with a kidney stone; otherwise, I’m sure he’d be commenting at length on this.”
Catherine: To purge kidney stones, boil parsley, bunches of parsley and consume the water. After about two weeks, the kidney stone will be passed. My mom was told to do this and it worked for her saving her from surgery. Sorry you are ill, Donald. Many prayers, in Latin and in English. Parsley is an organic deodorant good for halitosis, body order and other things. Happy kidneys to you.

Alphatron Shinyskullus
Alphatron Shinyskullus
Thursday, June 28, AD 2012 1:34pm

http://alphatronshinyskullus.wordpress.com/2012/06/28/this-is-how-they-will-turn-us-into-china/

This Supreme Court decision can ultimately be used to implement forced family planning similar to China’s.

Mary De Voe
Thursday, June 28, AD 2012 1:34pm

W.K. Aiken: Obama had rolled tanks into the street in a show of force.

Pinky
Pinky
Thursday, June 28, AD 2012 1:43pm

Ah, the kidney stone. It’s said that imperfect contrition is sufficient for a sacramental confession – that is, a fear of the pains of hell. One little kidney stone and you’ll spend the rest of your life with a strong incentive to holiness.

Mary De Voe
Thursday, June 28, AD 2012 1:44pm

In 923 Executive Orders, Obama has declared martial law and given as though he had the authority to order the Supreme Court around, the unauthorized power to enforce his 923 and all Executive Orders for the past fifteen years. These orders include assigning every piece of free land and waterway as well as all pieces of private property to himself. Obama has already made the law to take all private property as his own, he just needs a cover like Obamacare to set the leemings running. Saul Alinsky would be proud. Let Our Lady of Victories hold FREEDOM from despots, dictators and Obama. Let FREEDOM be granted to the unborn, and the Person of God in the public sqaure.

WK Aiken
WK Aiken
Thursday, June 28, AD 2012 1:55pm

Mary: It will come to that. I remember Father Larry Richards saying only 2 years ago that he saw the end in about 4 years. Father Larry’s a pretty firey guy, but he’s also almost always spot on.

Dale Price
Dale Price
Thursday, June 28, AD 2012 2:05pm

Get well soon, Don.

cthemfly25
cthemfly25
Thursday, June 28, AD 2012 2:08pm

This is one ugly, senseless, malignant opinion on so many levels. The majority opinion is unreadable, or not necessary to read, in part because you know what to expect from the lefties. But Robert’s legal construction to side with the lefties is so bad, so absurd that it literally shreads the constitution. At least now there is no pretense of having a constitution limiting the powers of a central government.

The dissent is real simple, eloquent and straight forward. The dissent points out, citing Madison, that taxing authority is limited to the purposes of the federal government as enumerated in the Constitution. Makes sense right? Otherwise, you can tax for that which is unconstitutional. So Roberts is part of the majority which held the law unconstitutional under the Commerce Clause—-you actually have a majority holding on this point. How then does Roberts go with the lefties, who hold the constitution in disdain, and find that the taxing provision of the Orwellian “Affordable Health Care Act” is permissible when he otherwise holds that congress did not have power under the commerce clause to enact it.

Unlike the lefties, I find Roberts’ legal constuct to be dangerous. Congress can always use taxing authority to undermine the constitution. And if a tax can be used to undermine the constitution and modulate and control social behavior, then the all powerful central government can use its unmitigated taxing power to regulate religion (there is no way applying Roberts’ logic that the religious mandate could be struck down), regulate home schooling or private schooling (“taxed” for not teaching homosexual curriculum), regulate the size of families (taxed for having more than two kids), regulate food or beverage consumption (taxed based on calorie intake), regulate fuel consumption (“taxed” for excessive fuel consumption), regulate choice of consumer goods such as vehicles (“taxed” for not purchasing a “green” car),—–regulate from a central authority any human or civic activity under the rubric of “taxation”.

This is an unspeakably dangerous precedent and a super highway to serfdom. If you hear a pundit say this will mobilize the base blah blah blah….ignore him. The danger is that as precedent any congress, and for sure any leftist president and congress has now been given unbridled powers. It’s not just bad for now, it’s bad for the future of this country.

WK Aiken
WK Aiken
Thursday, June 28, AD 2012 2:27pm

“regulate home schooling or private schooling (“taxed” for not teaching homosexual curriculum), regulate the size of families (taxed for having more than two kids), regulate food or beverage consumption (taxed based on calorie intake), regulate fuel consumption (“taxed” for excessive fuel consumption), regulate choice of consumer goods such as vehicles (“taxed” for not purchasing a “green” car) . . .”

Regulate the dispensation of contraceptives, sterilization and abortions on demand (taxed for not providing these things.) The left has been wanting to get its hands on the Church’s money for decades, and now it has the tools.

Euthanasia is next.

I just finshed “Sons of Cain.” While no Clancy novel, the underlying theme is crystalline and fighteningly real. The dogmatic narrative of Chapter 37 is the most clear and pointed explanation of the current political landscape I have ever read.

Paul W Primavera
Thursday, June 28, AD 2012 2:38pm

WK Aiken mentioned the book, “Sons of Cain”, which obviously I must now buy ad read. A review at Amazon says:

“An ancient group of twelve unspeakably powerful men are prepared to implement mass suicide in the United States. Already in control of the Congress and the Presidency, all that they lack is the Supreme Court. The only thing standing between these SONS OF CAIN and the lives of the Court is a small group of dedicated warriors. Wealthy ex SEAL, Nick Rieper, and his dozen, Knights of Longinus, may be the most deadly strike force alive. The have pledged their lives, their fortunes and their honor to battle international Satanism. Battle is joined as they engage the Cainites and their demon leader, Namon, in mortal combat. They stand alone as the only force alive with the knowledge, the skill and the faith to prevent a crime that will change America… forever.”

Sadly, Satan has been in control of SCOTUS for a very long time indeed, at least since Roe v Wade, and perhaps since the Dred Scott decision of 1857.

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