I’ve spent a day listening to the decision and the reactions to it before posting this (Holy crap on a shitstick, I still haven’t gotten the Twitter feed caught up). Also, there’s that headache thing, which kicked in before the 10am nutshot. So I’m going to try not to retread all the same shit that we’ve already heard too much.
As many in the political realm, I was glued to the radio as the breaking news came in. Initially, it was good news as the word came that the bullshit reading of the commerce clause was found unconstitutional. From there, Chief Justice Roberts got out his legislative hat, and proceeded to the raping.
So instead of being commanded by the government to engage in commerce, the court rewrote it so the government can tax us for not buying or doing whatever the fuck they want us to do.
So instead of the government forcing you to buy broccoli, they can tax us for not buying our allotted share.
Yeah, someone needs to punch Roberts in the dick for making the 0bamacare mandate a tax. BTW, rewriting the law IS judicial activism.
So let’s imagine all the behaviors Congress could tax us for not doing (after the lobbyists get a fraction of their list: Eat more whole wheat bread (nod to farmers), buy an “American made hybrid” (nod to auto unions), buy steak (cattlemen), add solar panels (green energy lobby), connect to the Internet (computer manufacturers and my industry (Internet tech support)), serving in the military (military-industrial complex), got to college (education), buy a home (housing industry), get married to a member of the opposite sex (religious right). Fuck all that stimulus stuff; now either people follow the dictates of the Imperial Federal Government of they pay them not to. It’s a win-win, unless you believe in freedom.
(a note on the list above: it’s what i came up with as possibilities. And a case could be made by each group why it’s necessary for this to be compelled by taxation.)
So other than blasting the commerce clause (FINALLY!) and a little win for federalism, this is a boning of individual liberty that is nothing new for the SCOTUS, which has clearly forgot that their role is to put the breaks on when the politicians are empowering themselves (as opposed to the limited government the Constitution called for).
Another perfect example: The Rehnquist court gave us shit like Kelo v New London, which gave governments at all levels the power to use eminent domain to take property to sell to developers.
I could go on with examples of the court looking at intrusions on individual rights and coming back with a big meh.
As for the GOP, figure out what the issue really is. This is not about taxation (since the mandate is now a tax). You may use that to run against 0bama, since you were stupid enough to pick the candidate who’s least effective in running against 0bamacare. It’s not about jobs. While any massive new tax is going to kill some jobs, the mentality that government should be dicking with the job market is playing right into the hands of the big-government idiots. The issue here is the power of the government to compel individuals by taxing non-behavior.
One more thing about Mitt. This is from his website: “As president, Mitt will nominate judges in the mold of Chief Justice Roberts and Justices Scalia, Thomas, and Alito. [emphasis added]” And this is 24 hours after the decision. Seriously, you guys should have edited it by now, you lazy motherfuckers.
On a side note, since Roberts was nominated by Bush, can WE blame Bush for 0bamacare being held constitutional? Just sayin’.
I’ll leave this with a quote from Senator Rand Paul, since he got it right:
Just because a couple people on the Supreme Court declare something to be ‘constitutional’ does not make it so. The whole thing remains unconstitutional. While the court may have erroneously come to the conclusion that the law is allowable, it certainly does nothing to make this mandate or government takeover of our health care right.