Remember how fired up freedom-loving people were when the Patient Protection and Affordable Care Act (PPACA, i.e. ObamaCare) was being debated in Congress? I myself went to a townhall meeting with my congressman, Democrat Ron Kind, who supported ObamaCare. I made it clear to him that ObamaCare was unconstitutional and that if he voted for it, he would violate his oath of office and forfeit his legitimacy in office. His response? “What about Social Security and Medicare?” Changing the subject and justifying bad behavior by pointing to other bad bahavior is not the behavior of a responsible public servant. It’s deplorable!
One result of the fired-up people was the “shellacking” (Obama’s word) that the Democrats took in 2010. Even Democrats agree. “No doubt about it — this ruling helps Romney,” said Joe Trippi, a Democratic consultant. “The Republican base now knows the only path to throwing out Obama’s health care reform is to elect Romney. Partisan Democrats are breathing a sigh of relief — GOP partisans are breathing fire. In a close election, Romney benefits from that energized GOP base.”
One of the immediate effects of SCOTUS’ Obamacare decision was to fire up GOP Candidate Mitt Romney’s fundraising. His campaign raised more than $100,000 in the first hour after the decision was announced and $4.6 million in the first 24 hours following the announcement.
So what was Justice Roberts’ motivation for siding with the Liberal wing of the Supreme Court? Is it possible that he thought that if the Supreme Court struck down Obamacare, that Obama stood a better chance of firing up his base and getting re-elected? Is it possible that he wanted to leave it as a millstone around Obama’s neck?
By siding with the majority, Roberts wrote the majority opinion. Doing so gave him the opportunity to thoroughly reject the Commerce Clause and Necessary and Proper arguments made by the Obamacare proponents. This avoided the massive expansion of the Commerce Clause that would have effectively gutted the Constitution. It also gave him the opportunity to write into case law observations such as,
If no enumerated power authorizes Congress to pass a certain law, that law may not be enacted, even if it would not violate any of the express prohibitions in the Bill of Rights or elsewhere in the Constitution.
And when the Bill of Rights was ratified, it made express what the enumeration of powers necessarily implied: “The powers not delegated to the United States by the Constitution . . . are reserved to the States respectively, or to the people.” U. S. Const., Amendment. 10. The Federal Government has expanded dramatically over the past two centuries, but it still must show that a constitutional grant of power authorizes each of its actions.
These statements reiterate that the Federal government is one of enumerated, not unlimited, powers. If a power is assumed by Congress that is not enumerated in the Constitution, even if it does not violate the rights of the people listed in the Bill of Rights, it is an unconstitutional usurpation of power.
Judge Roberts hinted at the proper reponse to Obamacare by writing:
Members of this Court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.
This seems to me to be a clear invitation to throw out the politicians who inflicted Obamacare on the American people (all of them Democrats).
May I remind you at this point that Obamacare passed Congress when Democrats held both branches, the Senate with a filibuster-proof majority, and was signed by Democrat President Barack Hussein Obama. Not a single Republican voted for it.
It seems to me that by siding with the Liberals, Justice Roberts hung a millstone around the Democrats’ neck and especially Obama’s neck. It will be much harder for people to vote for Obama and the Democrats knowing that if they do, they may be signing their own death warrants at the hands of the Independent Payment Advisory Board (IPAB – the Death Panel), one of the creations of Obamacare.