Like many conservatives, I was dismayed when the Supremes upheld ObamaCare. But then I saw this…
Dov Fischer makes a pretty good politico/legal argument (HERE) that Chief Justice Roberts, by voting with the liberal wing of the Supreme Court AND by grabbing the Majority Opinion, has done conservatives a favor.
By declaring that the Individual Mandate is indeed a “tax” and not a “penalty”, he has drawn a clear and finely crafted distinction that:
1. Congress may NOT use the Commerce Clause to compel an individual’s participation in a specific economic activity.
2. The Individual Mandate is therefore a “tax” on non-participation, which IS within the purview of Congress.
From the opinion: “.The Court today holds that our Constitution protects us from federal regulation under the Commerce Clause so long as we abstain from the regulated activity. The Federal Government does not have the power to order people to buy health insurance. . . . The Federal Government does have the power to impose a tax on those without health insurance.”
Oh, My! It’s a TAX! The Supremes said so! And the libs celebrated!
Mr. Fischer further makes the point that of the 33 Senate seats up for election this year, 23 are currently held by Democrats – which should make many of those Democrats very nervous – after all, in the 2010 mid-term elections, Obamacare was a big factor in the Republicans taking back the House of Representatives.
So, the Republicans will have three things to really hammer the Democrats on:
ObamaCare (and no, that name is not going away)
The economy (and no, Solyndra is not going away)
Fast and Furious (no, dead Border Patrol and ICE agents are not going away, nor are many, many dead Mexicans)
And these are POLICY things that Obama, Reid, Pelosi and Co. can be hammered HARD on.
Hmmm… Maybe Chief Justice Roberts really did do the Republicans a favor.