Hmmm… Maybe He’s On To Something Here…

His Imperial Majesty has already rejected the initial, fevered attempts by some on our side to extract at least half a yummy, only half-digested peanut from the giant, steaming pile of shit that was Roberts’ ACA ruling, and we have certainly not changed our opinion of his creative post editing of Congressional wording so he could deem it constitutional (and thus turning the Judiciary into the Legislative branch as well), nor the disastrous consequences for our Republic if OgabeCare is allowed to stand until its implementation in 2014, but this fellow’s particular case for why the ruling might not be a complete loss stands out among the others.

Mostly because the previous “glass half full” bleats were wholly non-specific and didn’t sound particularly well thought through. Sean Trende is basically making the same argument, but he’s certainly making an effort in arguing his point, particularly on the specifics.

Merits a read, in our opinion.

Of course, we do realize that we are, subconsciously, highly motivated when it comes to finding something to smile about after Thursday and we may, therefore, indeed we probably are not as critical as we ought to be (and more prone to irrational optimism), but there is something about his argument that at least gives us pause.

Your thoughts?

UPDATE: And another one, even more specific.

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LC Subotai Bahadur, Lord Pao An
LC Subotai Bahadur, Lord Pao An

My Liege, I am afraid that I do not agree with either of the articles: 1) The law still has a good chance of not being implemented. And it has an even better chance that it will. There is no surety that there will be honest elections or that Romney will be elected, or that he has a testosterone count… Read more »

Mark12A
Mark12A

I guess Roberts didn’t read that part in the Constitution that states that legislation that levies taxes must initiate in the House.

Cannon Fodder
Cannon Fodder

The thing I liked is the idea that it is now constitutional, but nullified at the same time. The mandate is now a tax. The government was told that the commerce clause can’t be used to require people to purchase ANYTHING. States have the right to refuse to implement this monstrosity. The fed can no longer threaten to take away… Read more »

LC Nicki the Resident Misanthropic Bitch
LC Nicki the Resident Misanthropic Bitch

I’ve seen desperate attempts to suck the corn out of the diarrhea in the toilet bowl that is this fucking mess. While there is some limiting language of the commerce clause, which is a tiny little small positive, the fact of the matter is that now the legisleeches have the power to compel us to do anything by threatening a… Read more »

BigDogg - Imperial Thread Killer (ITK)
BigDogg - Imperial Thread Killer (ITK)

Someone explain to me just how in the fuck this is a victory … here’s what the decision amounts to: Congress cannot regulate individual economic inactivity, but Congress can tax individual economic inactivity. Where is the fucking difference??? This is semantics people, and the pollyannas trying to spin this as a victory for the commerce clause have their collective heads… Read more »

LC hilljohnny
LC hilljohnny

:em03:
if the state you live in rejects Obamacare can you still be taxed?

LC Gregory
LC Gregory

Folks, remember there are still more challenges to the law out there – attacking it on different grounds. 1. Congress now only needs 50 Senators plus a VP to give it the boot – as a tax, it can now be killed in conference. No Filibuster. 2. States can opt out. I HAVE to believe that my beloved Olde Dominion… Read more »

LC Gregory
LC Gregory

if the state you live in rejects Obamacare can you still be taxed?

Nope.

LC hilljohnny
LC hilljohnny

on the subject of taxing not doing something, how long until Obama wants to tax churchs for not paying for abortions. and no, they are not exempt from all taxes.
or a state government decides to tax abortions?
we now have property taxes on cars, how soon will they try to tax the guns we own?

Terrapod
Terrapod

I read the same article http://www.realclearpolitics.com/articles/2012/06/28/the_chief_justices_gambit_114646.html . The proof of the pudding is that what Roberts did forced Obama and the Donks to admit it was a tax if they want to go foreward. This in turn focuses the entire issue on how to fund it by raising taxes four months before the election. If the R party does not… Read more »

LC Nicki the Resident Misanthropic Bitch
LC Nicki the Resident Misanthropic Bitch

With this decision, just wait until Congress decides to tax your ammo per bullet to offset the costs of the victims of gun violence.

Fuck that!

Mark12A
Mark12A

That may all be true. I guess I’ll just continue to hate everything Obama stands for. And Romney is hardly my candidate. He’s just the one who’s not a communist. The lesser of two evils.

LC Subotai Bahadur, Lord Pao An
LC Subotai Bahadur, Lord Pao An

This is one of the better explanations of the situation Roberts left us in when he turned. From another commenter at BELMONT CLUB: 69. Daedalus Mugged What the Roberts decision essentially said that the government has the power to tax, and that power to tax extends to behavior. Not merely to actions you take, but also to actions you fail… Read more »

LC Sir Clambake, Imperial Black Ops Technician, K.o.E.
LC Sir Clambake, Imperial Black Ops Technician, K.o.E.

I still think Roberts sacrificed himself with this move to piss off enough people to get off their asses and vote. :em03:

Physics Geek
Physics Geek

Misha, I would like to say that even if Roberts is playing 11-D chess -um, I don’t think so- to achieve some future political victory, how you get there matters. Process matters. And the law that Roberts signed off on was NOT the law in front of him. “Oh, I see that it’s missing the word ‘tax’, so I’ll just… Read more »

readerjp
readerjp

Here’s another explanation I came across – vastly different from the learned discourses above, and one which at first sounds laughable. Talk radio host Michael Savage told his listeners today that the use of mind-altering drugs to treat seizures could explain why Bush-appointed Chief Justice John Roberts upheld Obamacare today along with four liberal colleagues. The physician urged Savage to… Read more »

LC Light29ID - The Imperial Asshole
LC Light29ID - The Imperial Asshole

Either a Constitutional Convention or a Convention of Succession. Those are the only two remedies left to the States to throw off the yoke of this tyrannical government then, after they starve, freeze and are disease ridden because the states that produced products are gone they can beg for the us to come back ON OUR TERMS. We have found… Read more »

LC LOBO
LC LOBO

LC Light29ID says: Either a Constitutional Convention or a Convention of Succession. Those are the only two remedies left to the States to throw off the yoke of this tyrannical government then, after they starve, freeze and are disease ridden because the states that produced products are gone they can beg for the us to come back ON OUR TERMS.… Read more »

LC Cheapshot911, Dept. of Redneck Tech, Imperial Photographer, K.o.E.
LC Cheapshot911, Dept. of Redneck Tech, Imperial Photographer, K.o.E.

LC Gregory @ #:
They must’ve seen the spatter on the wall. After a quick regroup,, they insist it’s NOT a tax!

LC Sir Clambake, Imperial Black Ops Technician, K.o.E.
LC Sir Clambake, Imperial Black Ops Technician, K.o.E.

LC LOBO says:

Here’s to the *once again* Republic of Texas.

Hooah! I can load all the shit I desperately need in my truck, and be there in ten minutes.

LC Xystus
LC Xystus

You obviously have ZERO understanding of what a “communist” is. On top of that, you really need to quit letting other people do your thinking for you.

Just let DJ do it for you!