Roberts goes the other way of court's conservatives

ANALYSIS

It’s interesting to note that two prominent conservative judges have upheld the individual mandate under the Commerce Clause -- Judge Silberman of the D.C. Circuit and Judge Sutton of the 6th Circuit.

It’s interesting that Roberts went a way no other conservative judge from the lower courts had gone. He upheld it under Congress’ constitutional power to tax. Why does this matter? It suggests Roberts is guarding his legacy as the Chief Justice to show the Supreme Court has not become totally political and predictable. And that conservatives can be independent thinkers and not lock-step.

A veteran, conservative Supreme Court lawyer said Roberts will likely be seen as being intimidated by the Left. He added that he believes it’s clear the opinion was initially a 5-4 decision to strike down the law under the Commerce Clause and that  Roberts flipped in the end. He points out that it's unusual for there to be a jointly written dissent among four justices. In the decision, Roberts appears to be saying to the Right, "Look, I’m with you on the Commerce Clause, but it can be upheld under taxing authority."

In the end, there is also a big policy issue. The court said to Americans, you don't have to buy insurance under the mandate, but you have to pay the tax. What will Congress do next? That’s the big question – stay tuned.

Discuss this post

Are YOU kidding me?

Isn't it bad enough you gave Tim Russert's coveted seat on MTP to this political hack?

Now, you expect us to take Gotcha Gregory's analysis seriously? lmao!

PUHLEESE!

Gregory should stick with rapping with Karl Rove, at least that was credible!

KICK IT!

http://www.youtube.com/watch?v=KdvHwtRdg_I&feature=player_detailpage

The gig was up David when you slipped up & said OUR PARTY

  • 12 votes
#1 - Thu Jun 28, 2012 12:21 PM EDT

Just because you now have to defend that this is the tax that wasn't supposed to be doesn't mean you should fault the chief justice and David Gregory who is trying to explain it to everybody.

You called it a kangaroo court and now are not happy?? Boy what a pain in the a$$.

  • 4 votes
#1.1 - Thu Jun 28, 2012 12:28 PM EDT

You lost Reb. Get over it.

  • 8 votes
#1.2 - Thu Jun 28, 2012 12:30 PM EDT

You called it a kangaroo court and now are not happy??

No worries rebbie!

I am positively giddy Judge Roberts did the moral & right thing to do!

  • 9 votes
#1.3 - Thu Jun 28, 2012 12:35 PM EDT

Of course for the Rebbie and his ilk had Roberts went the other way than the wisdom of the court would have been seen as stellar and in no way kangaroo.

Sore losers come in all contests, so it would seem.

  • 6 votes
#1.4 - Thu Jun 28, 2012 12:43 PM EDT

..........And that conservatives can be independent thinkers and not lock-step.

I believe Gregory should have said 'and not goose-step together'.

I can't wait for tonight's show to see what Lawrence has to say. I also hope that he'll have Krystal Ball back on the show again tonight. Her beauty is only surpassed by her brain.

  • 7 votes
#1.5 - Thu Jun 28, 2012 12:45 PM EDT

Gregory should stick with rapping with Karl Rove, at least that was credible!

Oh my gawd - talk about a puke party - that was the most pathetic thing I have witnessed in a long time. Feisty, please post that carefully with a warning label "Caution - Watching this video is known to cause bile projection".

  • 8 votes
#1.6 - Thu Jun 28, 2012 12:45 PM EDT

Nothing to get over. I didn't lose anything. I'll be on Medicare in a few years and have my retirement plan as a wrap around.

I can't wait to listen to all of the Dems say this isn't a tax increase on the middle class!! That will be a lot of fun.

Roberts was always a moral man as is the whole court. You just can't accept that when they rule against you such as in the Citizens United case. Think about it.

  • 2 votes
#1.7 - Thu Jun 28, 2012 12:47 PM EDT

Reb, in one post, demonstrates what is wrong with the right wing.

"I have mine, don't care if you get yours, but if you do, I'll try to take it from you."

But, imagine you sit in church on Sunday, and think yourself holy.

Roberts is becoming increasingly concerned about his legacy BECAUSE of that decision. He already knows what he did to the country. He is a slimeball like the rest of that ilk. He just doesn't want the Roberts' Court to be looked at with laughter by historians.

  • 6 votes
#1.8 - Thu Jun 28, 2012 12:54 PM EDT

Nobody was trying to take anything away from anybody. The way the Dems did it didn't accomplish the goal of affordable care for all with this law. They just pissed everybody off, lied to get something done and couldn't even defend it properly!!

So now Roberts is a slimeball! Ha Ha. You have no scruples. I really pity you.

  • 1 vote
#1.9 - Thu Jun 28, 2012 1:04 PM EDT

Boy, you are really struggling with this loss today, REB, but one would expect that from someone as without merit as you.

But you can't wait to get you some government health care, can you? All the while attacking anyone else who needs it.

Poor soul.

  • 8 votes
#1.10 - Thu Jun 28, 2012 1:07 PM EDT
  • 7 votes
#1.11 - Thu Jun 28, 2012 1:09 PM EDT

I'm curious to see how Willard's going to spin this?

  • 8 votes
#1.12 - Thu Jun 28, 2012 1:11 PM EDT

Roberts is INDEED the Chief! Leadership, that is.

Hail to the Chief!

Mitt the MisFitt is hopeless.

  • 6 votes
#1.13 - Thu Jun 28, 2012 1:29 PM EDT

NDD - I am not struggling with anything.

I paid into and continue to pay into Medicare for the last 41 years and I am entitled to get it when I reach 65. Same with Social Security.

Why must you always make a personal attack? That just shows the weakness of your position.

  • 1 vote
#1.14 - Thu Jun 28, 2012 1:31 PM EDT

You called it a kangaroo court and now are not happy?? Boy what a pain in the a$$.

Reb - Hoorah for the kangaroo's!

Obama/Biden 2012

  • 5 votes
#1.15 - Thu Jun 28, 2012 1:37 PM EDT

Mitt is still spinning - literally! He was guaranteed it was to be overturned. Rove was confident he had the court in his back pocket for the GOP. Ah ha! Did not see Roberts coming!

How the hell do we get rid of David Gregory? His partisanship is so overt it is ridiculous? Couldn't they get Brian Williams to anchor MTP? Did they have to go to the low rung on the ladder and pick Gregory? Didn't they have an objective intern to put in that job?

Tim Russert - we SOOOOOO miss you!

  • 6 votes
#1.16 - Thu Jun 28, 2012 1:38 PM EDT

Roberts, a true conservative, submitting to the will of the people (healthcare is law passed by Congress - people's branch).

  • 5 votes
#1.17 - Thu Jun 28, 2012 1:54 PM EDT

Hey RebLotsa###########'s, lets make this Pretty Simple:

I'll Hug Your Elephant, If You'll Ki$$ My A$$ !

Deal !!!!!!!!!!!!!!

You Betcha !

Occupy SoggyBottom!

  • 5 votes
#1.18 - Thu Jun 28, 2012 2:10 PM EDT

How can Gregory, who probably went to "J school" act so mystified about what Congress will do next? Everybody knows the Teapublicans will have a symbolic vote to repeal, it will die in the Senate and status quo ante.

It was announced by Cantor 20 minutes after the decision came down. The real journalistic question should be; "Why is Congress wasting time on this and the now falsely based contempt charges for A.G. Holder?"

Ultimately, one has to ask when the Fourth Estate will slip the leash of it's corporate masters, grow a sac, get some integrity and work in the public interest instead of being glossily tabloidistic?

  • 6 votes
#1.19 - Thu Jun 28, 2012 2:14 PM EDT

This is really the big story here. Another gawd dang 5-4 decision, albeit holding up ACA, but really weak. First off by the narrow split, in which it would have been better to see Justice Kennedy making this a 6-3 vote.

And aside from questioning motives (ideology versus constitutional law), Roberts was not willing to put his legacy on the line for the damage he knows would have been caused if any part of the ACA was struck down. And further to the point of cowardice, he just has to make the jab about this being yet another tax increase and how voters need to elect Republicans if they don't like it. WTF?

Roberts is right, but not about election and taxes, rather about elections and appointments to the SCOTUS. From the time the Supreme Court made the mistake of ruling in favor of Bush over Gore (we all know now Gore won Florida and the election was rigged by Katherine Harris under Jeb Bush), the chain of events have been Dubya making two appointments -- Roberts and Alito, which has determined all the rulings since such as the recent striking down of Montana’s Corrupt Practices Act (1912).

Alito is in there with Scalia -- Both have broken with historic rules of conduct. Alito openly saying "not true" to the president in an address to the nation, and Scalia attacking the president by name in his writings. As with the rest of the coming election, the choice is clear:

The election will not be a referendum on ACA, rather it will be about possible appointments to the Supreme Court and absolute necessity to balance the courts with additional justices who are moderate leaning to the Left. After Citizen's United, imaging what Mitt "corporations are people too" Romney would do, it is the most disturbing thought of any of the GOP/TP candidates that ran this cycle.

Save the Courts -- Obama/Biden 2012!

  • 5 votes
#1.20 - Thu Jun 28, 2012 2:23 PM EDT

REB-1013231

Just because you now have to defend that this is the tax that wasn't supposed to be doesn't mean you should fault the chief justice and David Gregory who is trying to explain it to everybody.

I'll bet if Roberts had agreed with the administraion's view that the individual mandate tax penalty was NOT a tax, but then went on to conclude it was an invalid application of the Commerce Clause and then sided with the other conservatives to overturn the law, Reb be elated at his wise decision.

Nobody who has health insurance has to pay this tax penalty, so it's not much of a tax and probably not enough of a penalty. The IRS doesn't plan to go after scofflaws who refuse to pay it and refuse to get health insurance. The IRS should go after them.

I just heard a 27 year-old guy on NPR say he doesn't have insurance but feels it's his patriotic duty now to get it, and the studio audience loudly applauded him. We need more patriots like that, not bogus "Tea Party patriots" who think they're showing how patriotic they are by prancing around in George Washington drag and waving around signs with racist slurs against the President of the United States.

BTW: "Reb" The Confederates lost the Civil War. Get over it.

  • 2 votes
#1.21 - Thu Jun 28, 2012 3:05 PM EDT

It suggests Roberts is guarding his legacy as the Chief Justice to show the Supreme Court has not become totally political and predictable.

It was time enough! Scalia has tried to present himself as the Chief Justice with his Red neck comments. He is like Boehner. Boehner thinks that he is the President, and not President Obama. By the same token, Paul Ryan thinks that he is King George whatever.

  • 3 votes
#1.22 - Thu Jun 28, 2012 3:23 PM EDT

Makes you wonder how much outside influence was brought to bear on Roberts that would make him go against his conservative principles. But one thing for sure, Obama is still trying to say it is not a tax per his interview with Stephanopoulis. Yet the Supreme Court only upheld it by calling it a tax. Obama is still trying to hide from the truth, and Democrats will be scrambling to fend this off all the way through the November elections. There is no way that bill would ever have passed calling it a tax, and the mere fact they lied to the American people so they could pass one of the largest tax increases ever will not sit well with voters. The American people did not want that bill, and still don't, so how well do you think it is going to sit with voters that the Democrats lied about it being a tax?

  • 3 votes
#1.23 - Thu Jun 28, 2012 3:45 PM EDT

To Rick-3416939: much like your handle, your comment starts out plainly then ends with a jumble of incoherent inconsistencies. Allow me to educate you.

President Obama did not write the Supreme Court's majority opinion, nor did the Justice Department seek to have the Healthcare Act upheld under Congress' authority to tax and spend for the public good. So, it is illogical for you (or anyone, are you reading this Sarah Palin? [Oh that's right, you can't read]) to assume that because the Supreme Court upheld the Act under the Tax power instead of the Commerce clause that ipso facto makes the 1% (as of 2014; 2.5% in 2016) PENALTY applied to those citizens earning over 'x' amount (as demonstrated on their tax returns) who choose NOT to purchase health insurance, a TAX INCREASE. The sheer idiocy of the argument makes it difficult to counter, because it sends one's mind into a recursive loop of befuddlement. Simply put: it's a stupid, nonsensical argument for those who only think along the party line.

If anything, Roberts relying on the Tax power versus the Commerce clause was his nod to the right. So during an election year Republicans can make the same stupid argument you try to make to befuddle the masses who, like you, find learning the facts and/or thinking for themselves too much work. Just remember a judicial opinion upholding legislation as constitutional under Congress' Tax power, as opposed to any other constitutional grounds, is not the same thing as the President implementing a revenue-generating, tax increase (see George Bush #1 for what that looks like, there's pictures). One can avoid paying the penalty by buying insurance, if you can afford it. Do you know of any "optional" tax increases; increases you can "buy" your way out of? Thought not.

It may just be a matter of semantics but the President's Healthcare Reform Act did not create a new tax. It created affordable, fair, and more humane healthcare options for all Americans. Finally, the United States fails more in line with other industrialized nations in this regard. Next week's lesson Rick and Rick-ites: The difference between a Democratic Republic and a true Democracy.

More than ever I find myself lamenting that line about a mind being a terrible thing to waste.

    #1.24 - Fri Jun 29, 2012 2:06 AM EDT

    This is just about saving Republicon face.

    Roberts had to find something to hang his decision on since he (and the other Republicon justices) failed the Citizens United ruling. Although, interpreting this as a tax, and not a fine, or penalty has the right in a tizzy, and are screaming bloody murder...."He said it wouldn't be a tax?!!!"

    At times this stuff makes me so frustrated I want to beat the s##t out of my live-sized Etch-A-Sketch dummy! Well, to tell you the truth, I do everyday, anyway! XD

    • 1 vote
    #1.25 - Fri Jun 29, 2012 5:50 PM EDT
    Reply

    The most remarkable reaction comes from Rand Paul:

    (paraphrasing)...just because a couple of people on the court say it is Constitutional does not make it so...

    Okay, where are all of you "The Paul's are the only people who know or have read or may make a comment on the Constitutionality of any law."

    It is complete bullcrap.

    This debate should be forever over. It is Constitutional....move on....

    Feisty, the "teabaggers" are sure quiet today.

    • 9 votes
    Reply#2 - Thu Jun 28, 2012 12:26 PM EDT

    Feisty, the "teabaggers" are sure quiet today

    Make no mistake - they are lurking in the shadows playing collapse Nazi's while licking their wounds!

    I could of sworn they were threatening us only yesterday, that we had better be here today to "talk about it" lol

    I'm here - you're here - but where are they?

    • 9 votes
    #2.1 - Thu Jun 28, 2012 12:31 PM EDT

    It is now what they call "Case Law".

    (see also: ROE V WADE)

    • 7 votes
    #2.2 - Thu Jun 28, 2012 12:31 PM EDT

    And you know what, Feisty: we always come, win or lose. Moral character. Something the "teabaggers" no nothing about.

    • 5 votes
    #2.3 - Thu Jun 28, 2012 12:36 PM EDT
    Reply

    Raab in mASS?

    VP b0b?

    NoJo?

    Spanky?

    Smiffy?

    WhiteCollarCriminal?

    ...come out come out whereever you areeeeeeeee..."

    • 10 votes
    Reply#3 - Thu Jun 28, 2012 12:40 PM EDT

    They're waiting for the contempt vote. They live for things like that. Health care? They could care less if people have it or not.

    Contempt vote for an AG who did nothing wrong. Meanwhile, have you seen Issa's life story?

    Rep. Darrell Issa's past includes arrests for weapons charges and auto theft, suspicions of arson, and accusations of intimidation with a gun.

    Meanwhile, this is what AG Holder has been up to:

    Speaking at a symposium on civil rights hosted by the U.S. Attorney’s Office in Boston, Holder said that over the last three years, the Justice Department has filed a record number of criminal civil rights claims.

    He said his office has worked hard to combat hate crimes, bullying and human trafficking.

    ***********

    Issa is the criminal, not AG Holder.

    • 8 votes
    #3.1 - Thu Jun 28, 2012 1:04 PM EDT

    ...come out come out whereever you areeeeeeeee..."

    Yeah, Where are the little jerk-offs? They were here awhile ago on earlier posts.

    • 4 votes
    #3.2 - Thu Jun 28, 2012 1:16 PM EDT

    Awful arrogant, aren't we?

    In the words of John Belushi in Animal House, "This isn't over!"

    Thanks to the Supreme Court for making it clear that ObamaCare was passed under false pretenses...claiming it wasnt a tax, when it was a tax...... a huge tax increase against the middle class ...

    • 2 votes
    #3.3 - Thu Jun 28, 2012 2:16 PM EDT

    hey bob- go pass another vaginal probe law and tell us about constitutionality

    • 2 votes
    #3.4 - Thu Jun 28, 2012 2:59 PM EDT

    @Pat:

    On that note, Have you noticed how the Republicans defend "the right to bear arms" at the drop of the insinuation that something may harm their beloved weapons? However, they are "so concerned" about Eric Holder trying to stop the war against drugs. They are so upset about a few guns that ended in the wrong hands.

    How many guns does the NRA sells a year "legally" in the border States? Most of the guns that drug cartels are using, are guns that were purchased LEGALLY here in the US.

    • 1 vote
    #3.5 - Thu Jun 28, 2012 5:32 PM EDT
    Reply

    Roberts flip and the fact that other justices didn't update their opinions suggests it was likely very recently that he changed his opinion.

    Could he have changed his opinion after Scalia's opinion came out on Monday? It was clear that a few of the justices were trying to move things to extreme views on Monday. Justice Roberts knew after Monday that if he continued to side with the conservatives, America would have called this court bought and paid for by billionaires.

    Citizens United ruling already had the Democrats, Independents, and many Republicans up in arms.

    • 3 votes
    Reply#4 - Thu Jun 28, 2012 12:45 PM EDT

    Funny, Libs claimed if the conservatives on the court all voted lock step to defeat, then the court was bought and paid for by money. Yet, nobody looks at how the Lib justices always vote Lib and always vote lock step.

    Get ready for the IRS to do many more audits to make sure you feed the beast of the goverments hunger for money

    • 2 votes
    #4.1 - Thu Jun 28, 2012 1:10 PM EDT
    Reply
    Comment author avatarJames Aldridgevia Facebook

    One thing is for sure, Roberts won't be defending his ruling because he will be to busy avoiding it.

    • 4 votes
    Reply#5 - Thu Jun 28, 2012 12:51 PM EDT

    Yeah, I don't think we will hear much from them today, Mickey.

    • 3 votes
    #5.1 - Thu Jun 28, 2012 12:55 PM EDT
    Reply

    And Lawrence O'Donnell will do what he has always done - fight for better health care FOR ALL AMERICANS. He may want more folks, but you will never ever ever hear him parroting GOP talking points.

    If people were disappointed in what Lawrence said after this decision was announced, you shouldn't be. He is a true believer in health care for all.

    It's what we should all want.

    Nevertheless, this was a good day for Democrats and the American people.

    We have some fine fine people on the Supreme Court. And not so fine.

    But Roberts is not the only one who should be congratulated. There were others who supported to uphold the ACA. They too should be congratulated. It wouldn't have passed without them.

    • 6 votes
    Reply#6 - Thu Jun 28, 2012 12:54 PM EDT

    "And Lawrence O'Donnell will do what he has always done"....be a socialist propaganda spewer and insult anyone to the right of Che Guevera...

    • 1 vote
    #6.1 - Thu Jun 28, 2012 2:22 PM EDT
    Reply

    TAX TAX TAX, now Libs that thought it was not; just as Obama said it was not, TATA...it is, it was and like all taxes, fees etc. there comes a point that those that pay more in taxes in a smaller minority and not ever reflected by the majority that pay nothing or less, the majority that thought it will only effect the "other guy," to pay will now also get slamed paying out more in federal, county, city and state taxes to make up the difference.

    Commerence clause that Obama said was the issue, was not, was never the issue and no question was always a tax. Yup, Obama fighting for the middle class, what a joke.

    • 3 votes
    Reply#7 - Thu Jun 28, 2012 1:07 PM EDT

    So be it. I never really wanted the mandate either, but understand the rationale that those who don't have insurance should pay and not sponge the insured. That said, the GOP wanted this mandate before the law passed, and then turned against it.

    Now that it's confirmed as doable if a tax, they have to wallow in their reneging of their no-new-tax pledge to Norquist for a while longer.

    • 1 vote
    #7.1 - Thu Jun 28, 2012 2:02 PM EDT
    Reply

    Oh goody, more ER's to close. Those so excited about Government run health care should take a look at the Vet Admin. 6 months to 1 year to get approval for services. Insurance premiums already on the rise, will really rise now and you Will have no choice. Talk about Obama and bait and switch. Why did Obama promise it was not a tax but in fact they argued successfully that it was a tax and thus the court agreed. Hence Obama admin said it will be monitored by the IRS, great, just great.

    • 2 votes
    Reply#8 - Thu Jun 28, 2012 1:20 PM EDT

    Those so excited about Government run health care should take a look at the Vet Admin. 6 months to 1 year to get approval for services

    Hope and Change -

    One: Its not government run.

    Two: Do you think you weren't paying taxes towards people getting health care that didn't have insurance? You better think again

    Insuring 30 or so million people with affordable care should reduce premiums for the rest of us.

    Basically the law says "No more freeloaders".

    Obama/Biden 2012 (By a landslide)

    • 4 votes
    Reply#9 - Thu Jun 28, 2012 1:29 PM EDT

    GT-2021701-

    Respectfully the VA is a government body. Many aspects under its purview are OUTSOURCED but must still comply under the government guidelines.

    Yes, we do pay for those not having the means to pay for health. But its deeper then that. If you are young and would rather pay the penalty vs where does the difference in cash flow come from to pay for our elders? More tax, or in CA. here that like to call it a fee. If you are young and or meet the IRS guidelines, not only did you not pay any tax, but you got Earned Income Tax Credit which you can use to "pay" the IRS back.

    Free Loaders-Those that cant pay don't pay now. Those that are really wealthy don't have insurance now. How does this make any difference except once again TAX the middle. You know the class that the Dems always claim they are trying to up lift.

    • 1 vote
    #9.1 - Thu Jun 28, 2012 2:08 PM EDT

    Oh, boy, another mindless Republicon! Just like locusts! The scourge of the US!

    Okay, yes, this is a tax. Another tax, and YOU will have to pay it! I think it would be easier for these fools to agree with them, and play a little reverse-psychology to let em know they have a win.

    Oh, BTW, who is actually looking out for the middle-class? Oh, YES, its the Republicons! Another win!!!

    XD

      #9.2 - Fri Jun 29, 2012 6:23 PM EDT
      Reply

      Go ahead and take your victory lap, Libs. Then when you have cooled down and if you can, wrap your brain around the effect the Supreme Court decision will have on the November elections. It will make the "shellacking of Nov. 2010" look like a children's game. Chief Justice Roberts is a very smart man. The Court's decision to uphold the individual mandate but declaring the penalty to not buy as a tax, not a penalty, will be fodder for every Republican campaign. This is the largest increase in taxes on the middle class in history. How many video clips are there of Obama and many of the Democrats emphatically stating the penalty for not purchasing health insurance was NOT a tax? Those clips will make some great TV campaign ads for every Republican PAC. Also think about how this will affect Congressional races. 60% of voters have been, and still are, against the Obamacare law. Many Dems running for reelection who voted for Obamacare can kiss there political career goodbye.....especially Senator Claire McCaskill (D-MO). Missouri voters by a 70% majority voted against the Obamacare mandate almost 2 years ago. She may as well save a lot of effort and money and concede now. Chief Justice Roberts just ensured that Republicans will win control of the WH and Senate and retain control of the House in November. And by January 21, 2013, Obamacare will be history.

      • 2 votes
      Reply#10 - Thu Jun 28, 2012 1:29 PM EDT

      Spin.

      • 2 votes
      #10.1 - Thu Jun 28, 2012 1:41 PM EDT

      Polls have shown that people like whats in the healthcare law, now the Democrats just have to educate people on the contents of the law and show them how it will help them. Then it will be hard for the Repubs to talk about repealing this constitutional law. This is going to help Obama and the Democrats. It is amazing how the Repubs have tried to demonize Obama for trying to help the middle class and poor to have affordable healthcare yet cheered on Bush for invading Iraq on lies, his rendition and torture policies etc. Our economy crashed due to the debt of these wars and the greed of Wall St. and bankers. Do you really think Americans are going to vote for a multi-millionaire who only trying to get more money for the millionaires while saying to hell with the middle-class.

        #10.2 - Fri Jun 29, 2012 6:27 AM EDT

        Why are you giving play-by-play talking points you received from Fox? I could watch it and not have you do it, you know?

        Then throw a TV brick at Hannity. XD

          #10.3 - Fri Jun 29, 2012 6:26 PM EDT
          Reply

          Elena Kagan's failure to recuse on this case shows her utter contempt for the rule of law! We can expect any of her future decisions to be motivated purely by ideology and politics, as well.

          Title 28, Section 455 of the United States Judicial Code provides that a federal judge: “shall disqualify himself in any proceeding in which his/her impartiality might reasonably be questioned.” The law also says a justice must recuse anytime he has “expressed an opinion concerning the merits of the particular case in controversy” while he “served in governmental employment.”

          When she was Solicitor-General for Obama in March 21, 2010, she emailed Laurence Tribe: “I hear they have the votes Larry!! Simply amazing.” She thinks the Health Care law is "simply amazing" and now she claims impartiality in deciding on its constitutionality?

          Simply amazing …

          • 2 votes
          Reply#11 - Thu Jun 28, 2012 1:38 PM EDT

          Kannin- my god- thomas's wife works for an organization designed to repeal onbamacare and who should recuse who?

          • 2 votes
          #11.1 - Thu Jun 28, 2012 3:02 PM EDT

          Dem - First, Kagan's actions should be based on the law, not what Clarence Thomas chooses to do.

          Second, Potential conflict on Thomas' part is based only on his wife's activities. This doesn't rise to the level of proof. Kagan's violation of the letter and spirit of the law is clear and proven.

          • 2 votes
          #11.2 - Thu Jun 28, 2012 3:19 PM EDT

          look kannin- the man fails to post wife's income as part of his disclsure, he attends koch bros functions. you have got to be kidding. He and Scolitto have publically stated their opposition to obama care yet they choose to rule on its constitutionality. talk of being two faced.

          • 1 vote
          #11.3 - Thu Jun 28, 2012 4:04 PM EDT

          dem - my post pointed out Elena Kagan's illegal and unethical conflict of interest. If you wish to post on Clarence Thomas, please do so elsewhere. The two are independent issues. Trying to justify Kagan's actions with the excuse that someone else may also be guilty of the same crime makes you sound like a Democrat.

          • 2 votes
          #11.4 - Thu Jun 28, 2012 5:32 PM EDT

          Idiot! They aren't two different issues and this was discussed among the whole Supreme Court and it was decided that neither Thomas nor Kagan had to recuse themselves. The Supreme Court announced this some time ago. There were calls for both of of them to be recused and the Supreme Court decided just like they decided that the Healthcare law is costitutional. Another "sour grape" Republican. Poor Roberts is already getting Republican death threats.

          • 1 vote
          #11.5 - Fri Jun 29, 2012 6:41 AM EDT
          Reply

          Go ahead and take your victory lap, Libs. Then when you have cooled down and if you can, wrap your brain around the effect the Supreme Court decision will have on the November elections

          Chill out Cherokee - You Repubes are @!$%#ed, and you know it. See ya in 2016....

          Obama/Biden 2012

          • 5 votes
          Reply#12 - Thu Jun 28, 2012 1:44 PM EDT

          Sorry- this was suppossed to be a reply to bob in virginia

          spoken like a true american- your side always does know what to dissect true americans from the rest. Go join Joe McCarthy and the rest of your RepubliCON friends

          • 2 votes
          Reply#13 - Thu Jun 28, 2012 3:01 PM EDT

          nothing ever ends for these folks. 75 years later they still get pissy regarding social security. At what point do they compare reality to their theories- which never predict what will actually happen.

          • 1 vote
          #13.1 - Thu Jun 28, 2012 3:05 PM EDT
          Reply

          insanity is repeating the same failed act expecting it to work differently in the future

          obama care unconstitutional

          deficit reduction is the way to stimulate the economy

          political intransigence-180+ and counting filibusters- is not the american system

          when will you wake up and recognize the problem is YOU

            Reply#14 - Thu Jun 28, 2012 3:09 PM EDT

            At least it was officially recognized as a TAX Increase, so we as a country can decide whether we want to support it or not, without spinning it as a mandate. Since taxes only go one way (i.e. social security), I have some hope that we can stop obama this fall. I am not happy (obviously) and I am not in the Tea part. I'm just sick and tired of funding federal hand out programs.

              Reply#15 - Thu Jun 28, 2012 3:21 PM EDT

              how do you like the defense budget or better yet agriculture sudsidies. Talk about federal hand out programs

              • 1 vote
              #15.1 - Thu Jun 28, 2012 4:05 PM EDT

              +1 demtothebone

                #15.2 - Fri Jun 29, 2012 6:34 PM EDT
                Reply

                The mandate has always been the idea of Romney and the Heritage Foundation. Why isn't Romney bragging about it instead of taking "a lot of credit" for the American automobile manufacturing bailout? He lies.

                  Reply#16 - Thu Jun 28, 2012 4:27 PM EDT

                  To all the Obama sheep

                  Obama swears its not a tax on the middle class, yet his attorneys argue in court it was.

                  Commerce Clause I said then and now today and proved right, again, was always smoke and mirrors to deflect.

                  Make sure when you make your 10 am appt for a check up, you bring enough food and water to tay the whole day, that is if as time goes on you will find a General Med doctor. Go ask are friends in Canada how easy it is to find a family practitioners now days.

                  But wait you say, my doctor will get me services I need. Yup, same law, same bill will cut back the reimburshment to the doctor if he spends too much on care for you.

                  Those high in he clouds today REALLY dont know anything about Obama Care

                  • 1 vote
                  Reply#17 - Thu Jun 28, 2012 7:19 PM EDT

                  Military Members, Veterans, Military retirees; note that Romney PROMOTED THE DRAFT during the Viet Nam War,

                  then skipped out to France for extraordinary length of time when church missionary tours were limited.

                  When Romney came home, he sided with his dad that the whole Viet Nam War was a scam and that he

                  was against the war. Promoting the draft, while Americans were dieing, he skipped out, then says he

                  wishes he could have participated. His whole life has been a lie.

                  Romney is a COWARD, Lying, Draft Dodger, who promoted someone else to die for him, that is

                  his way of management. One may want anyone but Obama, but this guy ranks with Jane Fonda and

                  should not be given anything or elected for anything. A low life human being who has risen to the top

                  because of his families money.

                    Reply#18 - Fri Jun 29, 2012 1:11 AM EDT

                    Obama served when again?

                      #18.1 - Fri Jun 29, 2012 10:53 PM EDT
                      Reply

                      To Rick-3416939 (and the similarly minded): much like your handle, your comment starts out plainly then ends with a jumble of incoherent inconsistencies. Allow me to educate you.

                      President Obama did not write the Supreme Court's majority opinion, nor did the Justice Department seek to have the Healthcare Act upheld under Congress' authority to tax and spend for the public good. So, it is illogical for you (or anyone, are you reading this Sarah Palin? [Oh that's right, you can't read]) to assume that because the Supreme Court upheld the Act under the Tax power instead of the Commerce clause that ipso facto makes the 1% (as of 2014; 2.5% in 2016) PENALTY applied to those citizens earning over 'x' amount (as demonstrated on their tax returns) who choose NOT to purchase health insurance, a TAX INCREASE. The sheer idiocy of the argument makes it difficult to counter, because it sends one's mind into a recursive loop of befuddlement. Simply put: it's a stupid, nonsensical argument for those who only think along the party line.

                      If anything, Roberts relying on the Tax power versus the Commerce clause was his nod to the right. So during an election year Republicans can make the same stupid argument you try to make to befuddle the masses who, like you, find learning the facts and/or thinking for themselves too much work. Just remember a judicial opinion upholding legislation as constitutional under Congress' Tax power, as opposed to any other constitutional grounds, is not the same thing as the President implementing a revenue-generating, tax increase (see George Bush #1 for what that looks like, there's pictures). One can avoid paying the penalty by buying insurance, if you can afford it. Do you know of any "optional" tax increases; increases you can "buy" your way out of? Thought not.

                      It may just be a matter of semantics but the President's Healthcare Reform Act did not create a new tax. It created affordable, fair, and more humane healthcare options for all Americans. Finally, the United States fails more in line with other industrialized nations in this regard. Next week's lesson Rick and Rick-ites: The difference between a Democratic Republic and a true Democracy.

                      More than ever I find myself lamenting that line about a mind being a terrible thing to waste.

                        Reply#19 - Fri Jun 29, 2012 2:15 AM EDT

                        How can truth an justice and the American way carry on now when the SUPREME COURT rules that freedom of speech ALSO MEANS IT DOESN'T HAVE TO BE TRUE SPEECH as in the case of being free under the law to lie about medals you were awarded for military service even though you never served.Does this not equate to lying on your job RESUME and in spoken interviews about your qualifications for being the chief brain surgeon of a hospital like Johns Hopkins when you have never even graduated high school and don't know what a scalpel is ?

                          Reply#20 - Fri Jun 29, 2012 4:54 PM EDT

                          Low life phoney who wants to be president, I don't think so.

                          Military people are against you Romney.

                            Reply#21 - Tue Jul 3, 2012 12:46 AM EDT
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