Tags

, , , , , ,

It’s only November now between us and socialism. That’s it. We no longer have a “just” SCOTUS. With Roberts’ activist move last week, our course is predetermined. We don’t follow it, there is no tomorrow for conservatives.

Law professor John Eastman on Roberts: The issue here is whether the federal Constitution limits the power of the federal government. And I don’t care whether they act under the Commerce Clause or under the Spending Cause. If they do things that were not delegated to them, the role of the court and the chief justice in particular is to say to Congress, “No.” And if the assumption is right that he thinks this was unconstitutional but found a way to uphold it to preserve the “integrity” of the court, then he really ought to resign. Because it proves that he doesn’t have the judicial fortitude to do the job that he’s been chosen to do.

Do we want him to resign? Not until January. Obama should have no more choices and Romney would be better able to choose the next Supreme Court Justice. We’ve seen how well we fare when Obama makes decisions. After January, if Obama wins, it won’t matter if Roberts stays or goes. If Romney wins, Roberts could be replaced with someone who respects the constitution so as to counter the 4 rabid liberal activists who hate the constitution.

Many pundits have hailed Robert’s decision as genius. Those of us who know better have felt abhorred by his betrayal of the constitution but also his opening of a door, even if the law is repealed, to allow Congress to use a precedent created to control our behavior and eradicate what is left of our liberty. While this and other horrors are contained within the almost 3,000 pages of the ruling, if we are able to repeal it, the reality is we will NOT be left with a precedent to counter. A lawyer caller on Rush explained this quite well:

“…the pundits…are saying, ‘Well, at least the Commerce Clause can’t be used to expand government.’ But this opinion by Roberts doesn’t do that at all….they’re trying to just take these words, and people won’t doubt that these words are in the opinion, but the words are unnecessary for the opinion. And that’s why it’s called “dicta.” And that means it cannot be used as precedent on –”…And that means the next time they want to expand the government authority and using the Commerce Clause, nothing’s to stop them from it, because when a case is brought to the Supreme Court, they can’t really get away with using, oh, but Roberts said, it can’t be done. We can’t uphold the mandate under the Commerce Clause. Well, he didn’t need to say it in order to come to his ruling.” . After this all shakes down and we get Obamacare repealed, this decision will just wilt away. And it will not be important for anybody. And Roberts will be seen eventually as a person who pandered to public opinion, instead of doing the tough job of ruling on the facts and the law.”

This makes it even MORE important to repeal it. We know a vote in the House will take place on July 11th. A vote for naught but symbolism since the Senate would not concur and even if they did, Obama would veto. And, so, how would we repeal this excrescence? From PushbackNow.net:

It would be dependent on a triple Republican victory this November: Mitt Romney would need to defeat President Barack Obama, Republicans must hold their majority in the House, and they must also gain enough seats in the Senate so they have at least 50 of their own in the upper chamber….

What about the filibuster? Don’t you need 60 votes to do anything in the Senate?

Not in this case. Because Chief Justice John Roberts’ majority opinion ruled the individual mandate a “tax,” a Republican-led Senate could repeal that provision–and others–using what is called “budget reconciliation,” a procedural tactic that requires only a simple majority vote. The Republican vice president, in this hypothetical scenario, would break the tie. (Democrats used the same method in 2010 to pass the health care bill.)

One thing we do know is SCOTUS is no longer a last resort for the constitution or conservatives. We have only November.

The more people we can convince of that between now and V-Day, the better.

About these ads