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Blum writes: "The individual mandate is constitutional and the media spin is in. But the spin omits a darker side to the controlling opinion authored by the chief justice."

Supreme Court Chief Justice John Roberts. (photo: Joe Raedle/Getty Images)
Supreme Court Chief Justice John Roberts. (photo: Joe Raedle/Getty Images)

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+6 # jlohman 2012-07-08 09:51
Had Roberts not acquiesced there would be no ObamaCare for Romney to repeal. He did the R's the biggest favor he could, though at the risk of the country. He should go to jail.
 
 
+37 # DavidBright 2012-07-08 11:00
Quoting jlohman:
Had Roberts not acquiesced there would be no ObamaCare for Romney to repeal. He did the R's the biggest favor he could, though at the risk of the country. He should go to jail.


I agree. The Republican plan all along was to uphold the law but make sure it was labeled as a tax, thus giving the Republicans a wedge issue to run on. Once Roberts figured out that Kennedy wasn't going to vote to uphold the law, Roberts was forced to change his vote in order to keep Obamacare in the debate. His vote was not based on the law, the Constitution or any of the arguments before the court. His vote was 100% pure politics. He violated his oath of office and committed an impeachable offense.
 
 
+7 # Peacedragon 2012-07-09 05:12
So if he had voted no he would have made it harder for some people to get the medical care they need and voting yes helps the Republicans. This sounds like heads I win tails you loose.
 
 
+5 # oldleftie 2012-07-09 07:13
It only helps the republicans if we fail to take the time to understand the law, and if the administration fails to give us the right talking points to explain it to the "Fox susceptible"
 
 
+1 # RLF 2012-07-11 04:53
The "Fox Suseptible" don't want anything explained. They want something they can believe in that feels good. Until Dems understand that, there will be no change.
 
 
+4 # NanFan 2012-07-10 10:31
Quoting Peacedragon:
So if he had voted no he would have made it harder for some people to get the medical care they need and voting yes helps the Republicans. This sounds like heads I win tails you loose.


If Romney wins this election and the Republicans retain the House, then, you will be able to thank Mr. Roberts for his gift of more corruption and NO sane healthcare for anyone who cannot afford it.

The only long-term winning that will come out of this is if people get out and vote for the people, not the money, and not for a suit that's bought and paid for by the very people who have scrambled the US democracy into the hottest bed of uber-capitalism we've ever seen in order to take down America's people.

Do not believe the man behind the curtain; he speaks with hatred and hubris, and he WILL bamboozle those who only see the money, those who believe "the tax argument." And he will rake in money to project a persona that has NOTHING to do with you, me, or democracy and everything to do with gaining and wielding the ugliest power we will have seen since Bushco.

I smell the flesh of the 99% burning. But we can douse the flames.

N.
 
 
+5 # oldleftie 2012-07-09 07:11
Roberts did not label the law as a tax. Constitutional jurisprudence requires that the Supreme Court strive to find a reason to declare any act of Congress as constitutional. Given the Court's desire to limit the reach of the Commerce Clause, Roberts did what was expected: Not "declaring the law a tax", but declaring the law constitutional as within Congress' power to tax. This may seem a subtle difference to the lay public, but those who are students of the law know that it is a major difference. Just because it falls within Congress' power to tax does not make it a tax.
 
 
+3 # oldleftie 2012-07-09 07:07
unless and until we rise above this kind of hyperbole, we will never be able to claim the moral high ground.
 
 
+1 # RLF 2012-07-11 04:55
This country has become a sewer...there is no moral high ground...the Dems are the same filth as the Repubes.
 
 
+10 # Bodiotoo 2012-07-08 11:27
Thumbs down Jlohman, No justice "should go to jail" for doing his job...whether you agree or disagree, SCOTUS is there to review and rule. If the country does not agree then it is up to "US" to send to Congress legislaturers that will act on "our" behalf...we have enough people incarcerated for next to nothing offenses.
 
 
-1 # John Locke 2012-07-08 13:05
Bodiotoo: He should be impeached and them imprisoned, he did not do his job he set Romney up for a win, a judge MUST not be political...his ruling can be shown to be a farce! you can not make a fine a tax, only a fool will buy into that!
 
 
+2 # oldleftie 2012-07-09 07:14
Locke: What impeachable offense did the Chief Justice commit?
 
 
+15 # Glen 2012-07-08 13:06
Problem is, Bodiotoo, under George W. the three branches of government were watered down to the point that they are almost one, feeding off each other. Very little checks and balances any longer. Even the mention of left or right leaning justices should serve as a warning. The court is there to perform with objectivity and constitutional structure.

Whether a justice is appointed by democrat or republican should make no difference. None.
 
 
-5 # Dave_s Not Here 2012-07-08 15:07
"Whether a justice is appointed by democrat or republican should make no difference. None."

Com on, Glen. Grow up and join the adults here.
 
 
+6 # Glen 2012-07-09 03:17
Key word there, Dave, is SHOULD. Obviously, it can make a difference, but SHOULD NOT.

That was not the original intent of the court.
 
 
+3 # oldleftie 2012-07-09 07:16
seems to me you might want to take your own advice. The history of the Supreme Court is replete with examples of how Justices appointed by a Chief Executive with a political agenda have gone on to rule against that agenda.
 
 
-1 # KittatinyHawk 2012-07-08 17:15
Scotus is a joke when biased views rule.
Egos aside, these people are supposed to uphold Constitution... they ignore the Constitution.

Yes we should be doing our part to get America back...
 
 
+3 # Susan1989 2012-07-08 11:43
A frightening prospect. I shudder at the possibilities.
 
 
+21 # hardtraveling 2012-07-08 11:44
My concern with the ruling is how it will affect future efforts to achieve a system of Single Payer - Medicare for All, which is the only type of health insurance system that is truly universal in coverage and can control costs. It seems to me that with the upholding of the Health Care Law, even though the extension of the Medicaid part was not upheld, President Obama's chances of winning in November are strengthened considerably, which by the coat-tail effect should also increase Democrat's chances overall of winning more seats in Congress. If Democrats win the Presidency and a sizable majority in both houses, won't this improve chances of finally getting Medicare for All legislation passed? Under this most recent ruling and previous ones, there is no question that Medicare is within the Constitutional powers of the Federal government. Isn't a renewed push for Single Payer even more likely to happen as multiple states opt out of the exchanges and it becomes clear that the Federal Government has to step in to set up the exchanges? Also, more poor folks will be without insurance as multiple states opt out of Medicare extension, and this, too, will spur renewed efforts for Single Payer.
 
 
+17 # oldleftie 2012-07-08 11:52
I think that all sides are overreacting and mistaking the effect that the ruling will have on future cases. As long as we can hold the Presidency and give the President the opportunity to name the next Supreme Court Justices, the Court will have an opportunity during the next 10 years to narrowly construe Roberts' opinion and not let its broader comments affect future Commerce Clause litigation. This is why we must persevere and not allow our disappointment with the Administration' s lukewarm progressivism to keep us from working as hard as we can to ensure the President's reelection. No matter how strongly we may feel that there is no difference in most areas between the Democrats and the Republicans, the probability that the President will nominate Justices who will be more in the mold of the Warren Court than the Burger and Rhenquist Courts justifies our support of him.
 
 
+28 # walt 2012-07-08 12:07
One has to agree that corporate health insurance industry gained more than anyone else. That's the whole problem with the entire health care reform issue--it should be made either government-run or single payer and not-for-profit!
 
 
+5 # hattie12KY 2012-07-08 12:57
But is the survival of the ACA mandate truly . . . "a bold improvement over the status quo?" Not bold enough! Mr. Blum mentions those millions who, upon full implementation of the legislation, will remain uninsured. More and more individuals will be scooped into the morass of Medicaid--a skimpy, almost inhumane system that deprives patients of dignity and care, and denies fair reimbursement to providers. In my state MCOs are profiting from Medicaid contracts they do not fulfil.

The college-age students who are getting a short-term reprieve if their parents have a policy--must plan for the advent of age 27. Women who think they will get a better deal if rates are not based on gender will still find themselves penalized by age rating--an item the insurers insist upon.

The ACA is so complex and costly that it will prove unmanageable. It will fall in on itself. Meanwhile the profiteers will continue to carry our tax dollars to Wall Street.

Pregressives who post on RSN preach to the choir, but progressive DEMS must not join in the ACA spin. We must admit to the unadequacy of the legislation which depends almost entirely on the unnecessary, greedy and often devious private insurance industry. Urge the President to expand cost-effective traditional Medicare and give it to everyone.
 
 
+2 # hardtraveling 2012-07-08 13:03
Correction to my previous posting. The last sentence should read ...as multiple states opt out of Medicaid extension...

oldleftie, you have given a good reason why it is important for the Democrats to hold the Pesidency, inorder to be in a position to change the composition of the Court. Do you think that it is also important for Democrats to hold the Presidency and gain majorities in both houses in order to improve the future chances of getting Single Payer?
 
 
+1 # Regina 2012-07-08 14:41
The reelection of Obama will not enable a change in the composition of the Court -- the five of the 5-4 paralysis are younger than the four. Reelecting Obama will only enable maintenance of the current division. Electing Romney would enable him to skew the Court even further to the "right" by replacing one or two of the four remaining stalwarts. As for the Democrats regaining both houses, that's crucial for lots more than just getting Single Payer.
 
 
+8 # oldleftie 2012-07-08 16:55
It is taking all my will to remain courteous in the face of such a gross and obvious error.
Ginsberg is 79
Scalia is 76
Kennedy is 76
Breyer is 74
Thomas is 64
Alito is 62
Sotomayor is 58
Roberts is 57
Kagen is 52

Whoever wins the presidency this year is likely to be able to nominate at least 4 and perhaps 5 justices, moving the court to a 6-3 and perhaps even a 7-2 since it is possible that Thomas will not stay on if his enablers retire.
 
 
+5 # oldleftie 2012-07-08 16:32
Quoting hardtraveling:

oldleftie, you have given a good reason why it is important for the Democrats to hold the Pesidency, inorder to be in a position to change the composition of the Court. Do you think that it is also important for Democrats to hold the Presidency and gain majorities in both houses in order to improve the future chances of getting Single Payer?

Thank you for asking the question.
If you have the time and resources to relocate to a district where a pro Single Payer candidate is seen to have a chance to be elected over a Tea Party incumbent, by all means. But frankly, I don't think that single payer becomes a viable option until 2014.
 
 
+6 # hattie12KY 2012-07-08 13:07
This is a test. I just submitted a comment which seems to have disappeared. Rats!
 
 
+3 # Regina 2012-07-08 14:42
You have to wait for the inclusion of a message, probably longer on sundays.
 
 
+6 # John Escher 2012-07-08 13:08
It's hard to understand these goofy, destructive people of the right and so many of the left's right as well. Should we even try to understand them? Perhaps it would be better if everyone simply and loudly reviled them in hopes that swing voters-- not too swift-- eventually will get the idea.

But I'm not sure about that. And I do try to understand them in spite of myself. They're all around where I live.

At a party last night an employee of General Motors said, "I'm simply tired of supporting them."

Who were "THEM?" Imagined welfare queens. And the unemployed. And the poor.

Does this guy really support them? Well, he pays taxes. I guess that's what he means. And the "THEM" are less deserving than "HIM" whom I assume gets some services himself from the taxes he pays (including the government bailout that preserved his employer).

I guess he'd prefer no public services for anybody, no country, no employer, complete chaos.

Waiter, I'll have 50 per cent public service, 50 per cent private business, and blue cheese dressing, please.
 
 
+4 # vgirl1 2012-07-08 16:08
Wow, a GM employee making such a remark when his job is obviously the result of being one of "them", given he probably wouldn't even have a job if it were not for the auto bailout by the US government to his corporation.

That is what is so wrong with so many ignorant Americans. They do not even know or recognize the number of ways in which they are personally reliant on their federal government.

Remember those interstate highways, those national parks, that disaster recovery help in times of flood, hurricanes, tornedoes, etc.?
 
 
-24 # LonnyEachus 2012-07-08 13:55
Roberts' strategy is the GOOD part about the decision. Pre-"New Deal" government is what this country needs.

I have said it before, and I will say it again: I have seen the data, from the Government's own mouth. And if you chart Federal involvement in the economy against the strength of that economy (value of the dollar), the correlation is not just obvious but jumps out and slaps you in the face.

The historical facts are strongly indicate that having strong central control, and a robust economy, simply don't occur at the same time.

It just doesn't work. Never has, never will.
 
 
+4 # vgirl1 2012-07-08 16:02
There was an interesting discussion on Fareed Zakaria's show this AM, which plotted industrial innovation/risk taking and growth vs taxation and showed that most new ideas and growth occurred when taxes were high vs when they were low. Thus proving low taxes are not the end all cure all for growth that TPrepublicans claim they are.
 
 
+6 # James38 2012-07-08 17:51
Lonny, Vgirl (above) has it right. Pre- "New Deal" government gave us the Great Depression. The "New Deal" came with Glass Steagall regulation of the finance markets, government work programs, laws that allowed more labor organizing, and the economy recovered. The recovery and the era of prosperity continued until the invention of derivatives trading and other manipulations of the market leading to the real estate bubble caused the recent crash. Many have stated that the repeal of Glass Steagall "caused" the crash, but the situation is more complex than that. However it is obvious that regulations need to be put in place. Absurdities abound in electronic trading and other manipulations that escape the notice of the public.

The clear bottom line is that higher taxation of the wealthy and large government programs to improve the infrastructure of the country are tools that will improve our lives and the economy. The Government is NOT a business. It exists not to "make money" or "compete", but to level the playing field and provide the structure of society that all commerce and prosperity depends upon. Everyone benefits from properly run government, and attacking the government as a problem is absurd. Lowering taxes on the wealthy is not reasonable since it only panders to greed and needless opulence. Wealth is generated by all, and all must benefit from it.
 
 
+2 # tedrey 2012-07-08 14:06
The following will show you an analysis of the Roberts decision which is now circulating among conservatives. Any line between legal and political decisions is totally erased.

http://tedrey.wordpress.com/2012/07/08/conservative-judicial-activism-in-play/
 
 
+1 # James38 2012-07-08 21:24
Couldn't get the page through Yahoo. Suggestion?
 
 
+11 # mcav 2012-07-08 14:31
ACA and the Supreme Court ruling do not allow for the expansion of the "welfare state" but rather mandate the expansion of the corporate state by embedding profitable mandates benefiting the health care industry in legislation that forces citizens to purchase for-profit health care, thereby guaranteeing profit for the health care industry with a captive market - us. This is not socialism, it is capitalism perfected in the halls of government.
 
 
+4 # tomo 2012-07-08 16:07
mcav: I think you got it just right. And this, of course, is why Roberts will not pay a price among those who hold the purse strings. His green light to what is called "reform" will make the rich richer.
 
 
+4 # oldleftie 2012-07-08 16:57
Quoting tomo:
mcav: I think you got it just right. And this, of course, is why Roberts will not pay a price among those who hold the purse strings. His green light to what is called "reform" will make the rich richer.

What kind of "price" does a Chief Justice of the Supreme Court ever have to worry about paying? He serves as long as he wants to, and if he wants to work after, he can have any job in the world.
 
 
+3 # James38 2012-07-08 22:26
He can't have mine. I am a 74 year old mechanic, and I am presently training myself to dismantle and rebuild automatic transmissions.

My work requires integrity, high intelligence, and strength. That loon lives in lala land, and his nuts would fall right off if he tried to remove a transmission from a small vehicle, let alone a truck or large SUV.

Of course, he probably thinks mechanics are cavemen.

Actually I would love to see him try to do what I do every day. We could swap jobs. Of course doing better than he does on the Supremos wouldn't be much of a challenge. Elmer Fudd could do better.
 
 
+1 # oldleftie 2012-07-08 16:55
Quoting mcav:
ACA and the Supreme Court ruling do not allow for the expansion of the "welfare state" but rather mandate the expansion of the corporate state by embedding profitable mandates benefiting the health care industry in legislation that forces citizens to purchase for-profit health care,
There are many nonprofit health care providers, you know.
 
 
+2 # oldleftie 2012-07-09 04:54
to the person who gave this comment a thumbs down: If you don't want to be considered as invalid as a troll or a Teabagger, next time why don't you leave some comment about why you felt my comment was invalid?
 
 
+2 # vgirl1 2012-07-08 15:59
It's the people vs the right wing, activist SCOTUS. Only our willingness to vote against their supporters (ie. the TPrepublicans) at the polls this November will help to strip the right wing conservative portion of the Court of their long term potential power and give the people a chance to take back the court for the people over corporations.
 
 
0 # James38 2012-07-08 22:09
Yes, please let us make this happen. I am stunned at the blatant lack of mental balance and awareness that allowed five of the SCOTUS Justices to vote for something so obviously wrong, so totally a blatant lie, as the Citizens United premise that corporations are people. How could they do that?

It is flagrantly obvious that what that ruling does is make the very few actual humans who control the money of a corporation into super-citizens, with the power to vote thousands or hundreds of thousands of times while the rest of us get to vote once, period.

That five people, monsters is more like it, could be so shallow, so programmed, so utterly blinded and blinkered that they could ignore the entire history and purpose of the Supreme Court, and vote for such an outrage, is just about more than I can grasp. I see it, I know they did it, I just can not imagine why or how.

I find their actions utterly disgusting, obscene, Unamerican, inhuman, and grotesque.

Go back to the earlier RSN article, "What Hath Roberts Wrought?
By George Lakoff, Elisabeth Wehling, Common Dreams, 03 July 12,
and look at the picture of Roberts. If slime and sleaze could form themselves into a semblance of human form, that is what it looks like.

His whole face looks like an ulterior motive.

It is one of those pictures that the photographer sees and gasps at what he or she caught. The Loch Ness Monster in the goldfish bowl.
 
 
+1 # hardtraveling 2012-07-08 16:07
mcav, I agree with you that the ACA and the ruling upholding individual mandates benefits the private insurance industry much more than it benefits the general public. It is certainly not socialism. However, my question is will the ACA enable us to go the necessary steps, further on down the road, to achieving Single Payer? When the weaknesses in the ACA become apparent: states opting out of the exchanges, states opting out of Medicaid expansion, continued rise in health care costs and many folks still not being able to get insurance, will the public's awareness of these issues lead to an increased and renewed collective effort to get single payer? Michael Moore and many others seem to think it will. If so, then the ACA could be considered a first step, a means of opening the door to what we ultimately hope to have, as every other indusrialized country has.
 
 
+3 # KittatinyHawk 2012-07-08 17:21
Placed in Jeopardy any future Federal Spending

This he might have not planned on or perhaps he did. After the ReaGun Years, Bush Sr and Jr, future federal spending should be overseen carefully.

Ruling has happened, there is a chance for growth on this Healthcare Reform. It has some excellent halp, yes, like anything legal has lot of work to do yet.

robert's Rule will go into History for better or worse, it certainly is contreversial no matter which angle you look at it from. Let's move on and see articles about what we can do for Election's Success for Democrats or Write In....
 
 
+2 # She Cee 2012-07-08 17:57
I think many people don't realize that the so-called mandate is without teeth.

People may be fined for not purchasing health insurance but that fine has no teeth because there are no provisions for exacting the fine. Matter of fact, enforcement of the fine is explicitly rejected in the act so people can ignore the fine and there is no way they can be forced to pay it. No arrests, no criminal charges, no nothing. So, happily, the insurance companies do not necessarily stand to gain anything unless people are intimidated into paying the fines. Wake up folks and read the fine print and don't jump to conclusions.

If you chose to respond, refer to what you are responding to.
 
 
0 # oldleftie 2012-07-09 06:12
Quoting She Cee:

People may be fined for not purchasing health insurance but that fine has no teeth because there are no provisions for exacting the fine.
The fine will be exacted from any refund due on income tax payments, from earned income credit, or from social security payments in the same way that student loan defaults are.
 
 
+2 # Igshaddy@aol.com 2012-07-08 18:34
After hearing the Court decision, I felt good for at least a few seconds. Somehow I knew, but hadn't figured out, that he had an ulterior motive in changing his mind.
 
 
0 # tedrey 2012-07-09 06:34
The following will show you an analysis of the Roberts decision which is now circulating among conservatives. Any line between legal and political decisions is totally erased.

http://tedrey.wordpress.com/2012/07/08/conservative-judicial-activism-in-play/

James38 says he couldn't get this on Yahoo. Goggle should work. Or search "spinning on a fretful midge tedrey". Some other interesting stuff there sa well.
 
 
+1 # Bodiotoo 2012-07-09 10:19
When taxes are "high"...busine ss will invest to avoid the tax...this improves the bottom line over all.
 

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