Sunday, July 8, 2012

The SCOTUS ObamaCare Decision


Having been a trial lawyer for over 30 years, and having taught Constitutional Law, many of my friends have asked my opinion of Justice Roberts' decision on ObamaCare.  They have asked me to review a blog  written by attorney Richard Bolen, of Lexington, Kentucky, which suggests a positive spin to the decision and purports to give us hope the Republic will be saved. (You can "Google" it folks, I'm not going to print the whole thing here).  To all of my friends, and to Mr. Bolen, I say "RUBBISH".  There is no silver lining to this decision.  As a retired lawyer and one who certainly knows more about the Constitution than Barack Obama, I can tell you this decision has severely damaged the reputation of the Court, but more importantly has fundamentally changed the nature of the relationship between "We the People" and government.  Justice Roberts had to re-write the statute, and define a tax where none was to be found.  He expanded the taxing authority of Congress beyond any definition of a tax authority found in the Constitution.  His decision was not based on the Commerce Clause.  And indeed, because the taxing authority formed the basis for this decision, the Commerce Clause didn't even have to be considered.  Anything Justice Roberts said about the Commerce Clause, was as we lawyers call it, mere "dicta".  I submit that anytime in the future, all of the big-government State-ists can pass a new law, again not call it a tax, and argue it is constitutional under the Commerce Clause, so they won't be accused of raising taxes.  We are now screwed both ways.  Our very freedom is now in jeopardy for Justice Roberts has given the green light to government to tax "in-activity".  What is to stop the government from imposing a tax on you if you don't by a Chevy Volt? Or if you're overweight? The possibilities are endless.  The only way to save us from truly becoming another socialist society with all it's implications is to defeat Obama in November and immediately repeal ObamaCare.  America is bleeding out financially and unless we apply a tourniquet, the future is bleak for the patient.

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