Tag Archives: unconstitutional


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.


Many parallels have drawn between Franklin D. Roosevelt and Barack H. Obama. Now there is another one. Both had key provisions of their transformative programs struck down by the courts. FDR’s National Recovery Act (NRA) was declared unconstitutional by the U.S. Supreme Court. Now the core of Obama’s Patient Protection and Affordable Care Act, aka Obamacare, has been declared unconstitutional by a U.S. District Court.

Of course, a District Court is not the final word and only one provision of the PPACA (Obamacare) is affected. But remember what Obama said when he spoke to labor union members, “single payer is the goal.” The District Court has struck at the heart and shattered Obama’s dream. If it goes to the Supreme Court of the land, the President can count on the ladies to lean his way. The ladies, of course are Ginsburg, Sotomayor and Kagan. (A somewhat motley group, no?)

If Obama gets his way with the ladies and SOTUS reverses TUSDC (The U.S. District Court) there is still 2013. If the courts do not provide relief from Obamacare the legislature can change the law.

Just in the last few days, Obama has lost one to the Democrats, one to the courts and one to Bill Clinton. When we say the “Dude is Done”, the dude is done.