The libs get excited, rightly so. Obama’s ratings get a blip up, but will they hold? The House will vote on a bill to repeal Obamacare, but it won’t pass the Senate. Karl Rove takes his wife out for a beer — no champagne and caviar tonight.
Now the ball is in Romney’s court. On the Tuesday before Thursday’s announcement of the Supreme Court’s decision Romney said “If it is deemed to stand, then I’ll tell you one thing: We’re going to have to have a president, and I’m that one, that’s going to get rid of Obamacare. We’re going to stop it on Day 1.” To accomplish that Republicans will need to win control of the Senate as well as the presidency. If they do, then expect some form of repeal and replacement.
The Supreme Court’s decision that the law is constitutional is not an endorsement of its advisability, only a decision that it is legal. Chief Justice Robert’s opinion was explicit about that. Obamacare will rival jobs and the economy as the number one issue between now and November. That is not a plus for Republicans.
On a brighter note a greater threat was averted. During the debate prior to the Bill becoming law, the President emphatically denied the mandate was a tax. Coming before the court, however, the administration’s attorneys argued the opposite; that the mandate is a tax. The court agreed, more or less, more more than less. The opinion read that the mandate ‘could be’ seen as a tax, in which case it ‘would be’ constitutional. If the court had ruled that Obamacare could stand under Commerce Clause, such a decision would have gutted the Constitution setting a precedent that almost anything would be allowed under the clause.
Rumors are abounding that a deal was made or that Roberts bent to intimidation. I don’t think we have sunk that low.
Mark, you would appreciate this quote from an editorial in the Morning Journal of Northern Ohio
It may just be the worst Supreme Court decision ever. I think it would have been better to find the mandate was valid under the Commerce Clause than ruling in favor of a “tax”. Under the Commerce Clause, the Congress can regulate commerce. This precedent, however, goes way beyond that. Now, our inspired leaders do not have to worry about whether they are regulating commerce. Instead they can simply label whatever they want as a tax. The Congress now has a power that is limitless. It doesn’t matter whether I do something or don’t do something, the scoundrels can tax us. Even if Obamacare is repealed, the precedent of this decision is devastating to a free America. Now I fully understand what Daniel Webster meant when he said, “The power to tax is the power to destroy.”