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Two days have passed since the SCOTUS upheld the Affordable Health Care Act as constitutional legislation. In the aftermath, many conservatives (This assertion can probably be safely made without documentation) are left scratching their heads wondering what was going on in the mind of Chief Justice John Roberts. Was he influenced by something else besides constitutional law? Did he have a bigger picture in mind, such as the 2012 election? Did he become senile?
The senility theory has been entertained by respected conservative talk show host Michael Savage. Dr. Savage said that Judge Roberts had been taking epilepsy medicine. He said that he had spoken with a world famous neurologist in passing about Obamacare. The neurologist told Dr. Savage that the medication could affect Chief Justice Roberts's cognitive functions.
“Roberts has no logic in what he said,” Savage asserted.
“He said the law is a tax, but if the law wasn’t written as a tax, how can he say it’s taxation?”
Savage was referring to the fact that the Obama administration had argued that the law’s mandate for individuals to buy health insurance was based on the power given to Congress under the Commerce Clause to regulate interstate trade. The administration, including President Obama himself, had vehemently argued that the mandate was not a tax.
Dr. Savage also cited his book "Trickle Up Poverty" to give religious organizations a strategy for bringing Obamacare to its knees. He said that the Schechter Brothers Supreme Court suit that ultimately was ruled against the FDR administration held that FDR's regulations violated the Commerce Clause. Roosevelt's regulations allowed farmers to buy a half-coop or full coop of chickens, but not individual chickens. Under Jewish kosher laws, unhealthy animals must be removed from the stock. Dr. Savage also added that the Schechter brothers could have also won the suit on the basis that their religious freedom was being violated. He noted that various religious groups, such as the Amish and the Christian Scientists had received exemptions to Obamacare. He encouraged scores of other religious groups to apply for similar exemptions. If enough of religious organizations are granted exemptions, the system will become unsustainable and will therefore collapse.
Many of us conservatives feel like Justice Roberts let us down, but We must continue the fight and try to repair what the politicians keep breaking. As Thomas Miller of TheBlaze.com so eloquently put it:
The courts and politicians may continue to disappoint us. Some critics of the Chief Justice’s surprise decision have gone too Shakespearian in describing this legal tragedy, by asking: “Et tu, John?” But another part of the Julius Caesar play offers better advice: “The fault lies not in our [judicial] stars, but in ourselves, that we are underlings.”
It’s up to everyone else to reclaim their own roles and responsibilities in fixing what Washington keeps breaking.