ObamaCare Mandate Upheld As a Tax

I would like to offer up a comprehensive legal analysis of today’s United States Supreme Court , but there are more scholarly places for you to look for that right now. Perhaps after I have digested the ruling more, I can offer up something more solid. For now, let me say I am not exactly stunned. As far back as March 2010, it was clear it was clear in South Carolina’s suit against ObamaCare Congress’ powers under the Commerce Clause were tenuous, but the ObamaCare had the language that would allow the mandate to survive as a tax. Barack Obama’s claim that the healthcare law was not a tax was playing politics. So I was not completely caught off guard.

Do take a moment to appreciate how South Carolina, a generally despised state among the fifty, was, is, and forever shall be, the first in battle against the expansion of federal power. I love being from the Palmetto State!

Also take more than a few moments to appreciate what has happened today. The SCOTUS has essentially handed Congress the power to compel citizens to do anything by way of its powers of taxation. I assume failure to comply is tax evasion and subject to the applicable penalties for tax evasion-including prison sentences. The ruling is not just a matter of healthcare reform. Congress has been given an expansive power over citizens. Today, congress can force you to buy health insurance. What will congress force you to do tomorrow?

By ruling the mandate is a tax, ObamaCare becomes the biggest tax hike in American history. Obama owns it lock, stock, and barrel. There will not be any escaping from it come November. ObamaCare is the only “victory” Obama has managed during his disastrous time in office. He may find it Pyrrhic. In spite of how bad this ruling looks right now, it is a gift to mitt Romney with a big, wet kiss as long as he does not blow it by taking the ruling as a sign ObamaCare is something the American people will grow to like. Public opinion is likely to revert back to the anti-ObamaCare mood that erupted prior to the 2010 election. Any Republican who does not dead set against ObamaCare at this point deserves t lose.

More later, if more comes to mind….

UPDATE: Here is the money quote from Chief Justice John Roberts' decision:

"The Federal Government does not have the power to order people to buy health insurance. Section 5000A would therefore be unconstitutional if read as a command. The Federal Government does have the power to impose a tax on those without health insurance. Section 5000A is therefore constitutional, because it can reasonably be read as a tax."

Roberts stretched his interpretation of the mandate in order to allow it as a tax.

The Imperial President Really Gets Us

A couple of interesting news items today reveal much about the current presidential administration and the American people’s attitude towards their leadership. The first is Barack Obama invoking Nixonian executive privilege in refusing to hand over Fast and Furious documents. The second item is the revelation Obama has an edge in the polls over Mitt Romney because Romney is seen as out of touch.

Granted, invoking executive privilege may change voter opinion against what I am about to say in a day or two, but is t not dismaying we would rather have an imperial president because we think he is more personable than Romney? Never mind that politicians are playing a role for the public in the first place. Does anyone really believe Obama is any more likely than Romney to stand in your backyard, sipping a beer and playing horseshoes while you grill steaks/ Not even if you live in a swing state, buddy. The whole idea of choosing a president under the same criteria as choosing a bowling partner is sad and scary considering what is at stake in this election in particular.

Invoking executive privilege is just the latest in Obama’s flagrant disregard for the rule of law. Yes, those Fast Furious documents are a smoking gun, if you will pardon the pun., but Obama has made circumventing Congress the matter of course, refused to enforce immigration laws, and ignored the War Powers Act among his official dereliction od duty, as well as alienated allies and fumbled around while the Gulf suffered under a massive oil spill on a personal level. But all is forgiven because the average American would rather have a beer summit with Obama than Romney?

Unreal, people. I understand a candidate’s personality plays a big part in elections. I have also been behind the scenes of campaigns enough to know the Jekyll and Hyde aspect of the public versus private persona of politicians. Cynicism rules the day when it comes to judging what nice guys anyone ambitious enough to want the power of running the free world is really like behind closed doors. Obama does not even bother to hide his true contempt behind those closed doors. His true nature is out there for the entire country to see, as are four years worth the of devastating consequences of a president who believes he can ignore laws inconvenient to his agenda, but we are going to ignore all that because he seems like such a nice, fun guy? If so, why not just re-dub the president entertainer-in-chief and freely admit our only concern as a nation is trying to amuse ourselves?

Barack Obama: "The Private Sector is Doing Fine"

The president has no grip on reality. Mitt Romney cannot even make a campaign ad out of this poorly chosen statement without looking like he is piling on the kid who has already failed his oral exam, has to fill has five more minutes to ramble on incoherently.

Not to worry, folks. The press will find something frivolous to divert our attention away from Barack Obama's gaffe. I hear Ann Romney has some expensive horses.

In the name of fairness, I present Obama's effort at damage control. Obama merely misspoke, but one would hope for more caution and perspective from a sitting president when speaking on a poor economy during an election year.

Birthers, How Can We Miss You When You Will Not Go Away?

A 1991 literary publisher’s biography of Barack Obama claims the future president was born in Kenya.. The biography is neither proof Obama is not a natural born citizen, now is it an error as his literary agent claims.. Obama and the publisher thought they could sell more books with an immigrant becomes an American success story, so they lied about obama’s origins.

The significance of the error’s discovery proves two things. One, Obama will lie about anything for personal gain. Two, even he never dreamed he would become president some day. Neither of these is a surprise. People lie all the time for personal game. I, for one, am more shocked that Americans were dumb enough to elect obama than the Republicans were to nominate John McCain to run against him. Marginally. I believe I am approaching maximum capacity when it comes to cynicism.

No, wait--I have enough for three more paragraphs…

The Telegraph feels compelled to ask how the American media missed this during the 2008 presidential election. The question is easy to answer--our media has no objectivity when it comes to progressive versus conservative politicians. Ergo, there is no need to check Obama’s birth status, relationship with domestic terrorist Bill Ayers, allegiance to black liberation theologian Jeremiah Wright, or alleged drug use in college, so journalists are free to rummage through garbage cans in Wasilla, Alaska at their leisure to come up with trah--literally, as it were--on Sarah Palin. Palin had an "R” next to her name instead of a "D” like Obama.

Do take a moment to appreciate European media has taken a moment to take note of the lack of professionalism their colleagues across the pond have been engaging in.

The saddest part of the literary biography coming to light is that it will get the birthers fired up again. As with 9/11 truthers, the more adamant the denial of a conspiracy, the more certain the birthers will believe there is one. Bonus points if they add a Andrew Breitbart was murdered because he knew to much element to it.

Formspring Question #384--Typical Harvard Law Student Mindset Edition

I don’t get the hubbub about the 1990 Obama quote. Saw it referenced in 3 separate articles over the weekend and Romney talked about it…is this really the best we can do to make a substantive case against him?

I agree:

“Hopefully, more and more people will begin to feel their story is somehow part of this larger story of how we’re going to reshape America in a way that is less mean-spirited and more generous.”

“I mean, I really hope to be part of a transformation of this country. And the future of black people and of America generally? “It depends on how good I do my job..”

This is all general progressive rhetoric. It is certainly no surprise to hear it from a young progressive law student eaten up with black liberation theology.