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FoxNews: Chief Justice Roberts did the right thing on ObamaCare. Do you agree?

sheratan 2012/06/28 23:39:01
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In Marbury v. Madison, the watershed Supreme Court case in 1803 that established the basis of judicial review, Chief Justice John Marshall referenced the oath of office that all justices take:

I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich; and that I will faithfully and impartially discharge all the duties incumbent on me as according to the best of my abilities and understanding, agreeably to the constitution and laws of the United States.

That oath, with only minor changes, is the same one taken by Supreme Court justices to this day. Thankfully, Chief Justice John Roberts was paying attention when he repeated it.

The individual mandate in the Affordable Care Act aka "ObamaCare" was always, clearly constitutional — so much so that conservatives, recall, were not only the ones who came up with the idea in the first place but generally scoffed at legal challenges when they first raised.

“It’s become just a very partisan battle cry on behalf of an argument which a few years ago was thought to be completely bogus,” said Charles Fried, President Ronald Reagan’s Solicitor General in Supreme Court cases 1985 to 1989.

It’s one thing to not like a law. It’s another to suggest that the highest court in the land should overturn centuries of precedent, not to mention the clear tax and commerce power enshrined by our Founders in the Constitution, in order to serve a partisan political agenda.

In a recent survey conducted by Bloomberg News, 19 of 21 constitutional law scholars — across political affiliations — agreed that the individual mandate in health care reform is constitutional. Thankfully, conservative Chief Justice Roberts joined the majority decision and ruled that, whether he personally likes it or not, Congress has the power to mandate health insurance coverage.

In 2008, over 88 percent of Americans agreed our health care system was in desperate need of reform. President Obama put forward a plan not to create single payer Medicare system for all (as his progressive base, including myself, wanted) but to fix the crisis of runaway costs and 37 million uninsured Americans by bolstering the private insurance market with the individual mandate.

It was not accidental that this centerpiece of his plan originated in conservative think tanks and was supported by, among others, Senator John McCain during his run for president. President Obama went to pains to present a bipartisan solution to our health care crisis.

Republicans? They did an ideological about-face, declared their wrath against the individual mandate and voted in a block against the Affordable Care Act. Conservatives have been trying to use health care reform as a political football ever since.

Chief Justice Roberts’ vote is so striking precisely because it bucks the recent trend of conservatives contorting their own past beliefs and principles to attack President Obama in any way possible.

It’s no coincidence that, today, the very same Republicans who decried Congress wasting taxpayer resources on “witch hunts” when George W. Bush was president have launched a grandiose fishing expedition against Attorney General Eric Holder -- not because of "Fast & Furious," which has long been addressed, but because of some far-fetched conspiracy theory about the Justice Department’s own internal investigation.

To ordinary Americans watching this exchange, it would appear that Republicans are against Congressional committee witch hunts, unless Democrats are the targets, just as Republicans support individual mandate solutions within the private insurance market, unless Democrats propose the idea.

In 2006, Mitt Romney praised the individual mandate as the solution to our nation’s health care challenges. Now, he has joined the rest of his opportunistic party in condemning it.

The American public is getting increasingly sick of conservatives flip-flopping on their supposedly core beliefs simply to try and score points against President Obama. And the Tea Party, which keeps trying to oust any Republican who shows an ounce bipartisanship, isn’t helping.

Fortunately, no matter how increasingly powerful the extreme right of the Republican Party becomes, they cannot oust Chief Justice John Roberts.

I’m not going to say that I wasn’t surprised by today's ruling.

A quarter century ago, 2 out of 3 Americans approved of the job the Supreme Court was doing. Today, less than half of Americans feel the same way -- in no small part because 3 out of 4 Americans believe that the justices’ decisions are sometimes influenced by their political or personal beliefs.

The Roberts' Court leans right and a number of 5-4 decisions along party lines have overturned centuries of precedent to serve partisan aims (see, e.g., Parents v. Seattle, Gonzalez v. Carhart and of course Citizens United).

But look, America, sometimes justice manages to be blind to politics and sometimes, just sometimes, even conservatives on the Court realize that we have a federal government for good reason. And, too, sometimes the Constitution that conservatives love to pay lip service to confers all kinds of legitimate powers to government. It’s a good thing Chief Justice Roberts referred to the Constitution in his decision, and not Twitter.

In Marbury v. Madison, the Court wrote: “The Government of the United States has been emphatically termed a government of laws, and not of men.” Far too often and far more frequently, the five conservative men on the Supreme Court have put politics ahead of the law.

Today, Chief Justice Roberts upheld a vital act of Congress that will bring down our health care costs, improve the quality of our care and make sure 37 million uninsured Americans have access to affordable insurance.

But Chief Justice Roberts also upheld the integrity of the Supreme Court on which he sits. We can only hope that today's ruling is a significant step toward restoring the sort of independent rationalism and truth we so desperately needs. In a country far too blinded by partisanship, justice may not really be blind but hopefully it can see better than the rest of us.

Sally Kohn is a Fox News contributor and writer. You can find her online at http://sallykohn.com or on Twitter at http://twitter.com/sallykohn.

Read More: http://www.foxnews.com/opinion/2012/06/28/chief-ju...

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  • flaca BN-0 2012/06/29 00:24:06
    Yes
    flaca BN-0
    +5
    Fox news watchers aren't (let's face it) the sharpest knives in the drawer. They have no idea why Roberts did what he did. You can't fix stupid or one-level thinking.

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  • goblue1968 2012/06/30 18:33:07
    Yes
    goblue1968
    Yes, this was the tipping point to make the majority of "Undecideds" and "Independents" in the earlier polls swing against B.O. in November!
  • weenyboy 2012/06/29 20:17:35
    Yes
    weenyboy
    For the ignorant and misinformed out there.... those who have NO IDEA what this Law entails.... READ IT! This is a PLUS for every American and keeps over 30 Million MORE Americans with Health care Insurance! It stops the Death Panels and the right of Big Insurance to simply drop you WHEN you become seriously ill! There is simply NO DOWNSIDE to this bill for American citizens! Those who oppose it are mainly Big Insurance companies where they NOW must spend roughly 90% of the PREMIUMS collected on MEDICAL NEEDS, not BONUSES FOR THE CEOs!
  • jackolantyrn356 2012/06/29 17:12:27
    No
    jackolantyrn356
    Don;t make me puke
  • Wild Dog 2012/06/29 16:11:47
    Yes
    Wild Dog
    In reality ,these judges would not be following the rule of law by taking partisan decisions ,but by being fair, and having an unbiased opinion.
  • Frank 2012/06/29 08:53:26
    Yes
    Frank
    If Fox news says it- it has to be true doesn't it?
  • mach 2012/06/29 04:25:03
    Yes
    mach
    +1
    Great news to rub republican noses in, but readying myself for the cry babies.
  • Joel 2012/06/29 03:57:12
    Yes
    Joel
    +1
    Not just yes but Hell, Yes! A heroic act by a brilliant jurist.
  • MO.gal 2012/06/29 03:54:55
    Yes
    MO.gal
    +2
    Yes, I agree he did the right thing for the American people.
  • wtw 2012/06/29 03:39:30
    No
    wtw
    It is an Obamanation that will cause higher deficit spending eventual bankruptcy and guaranteed rationing!
  • Illjwamh 2012/06/29 03:12:41
    Yes
    Illjwamh
    +4
    The Supreme Court has become far too partisan in the last decade, and Roberts has been a large part of the problem. I commend him for doing his job, not for his party but for his country as his position demands.

    A few more off these and I might even be inclined to forgive him for Citizens United.
  • sheratan Illjwamh 2012/06/29 05:15:25
    sheratan
    +3
    The Supreme Court has become far too partisan in the last decade, and Roberts has been a large part of the problem. I commend him for doing his job, not for his party but for his country as his position demands.

    Like the saying goes "Even a broken clock is right twice a day."
  • #Justic... Illjwamh 2012/06/29 15:10:51
    #Justice4Trayvon 629 BLOCKT CONS
    +1
    My sentiments exactly.
  • #Justice4Trayvon 629 BLOCKT... 2012/06/29 03:08:52
    Yes
    #Justice4Trayvon 629 BLOCKT CONS
    +4
    This is the 2nd shock I've received today. I can hardly believe my eyes that a Fox contributor actually agrees that Chief Justice Roberts did the right thing, that the ACA is constitutional & called out the partisan Republicans for poo-pooing their own policies.
  • oldrwizr #Justic... 2012/06/29 04:09:16
    oldrwizr
    +2
    I know, that's almost a bigger shock than Roberts doing the right thing that FOX did the right thing. I thought this was satire.
  • Teri- Oregon 2012/06/29 02:43:50
    Undecided
    Teri- Oregon
    +1
    it is only constitutional as a tax. In other words to implement it the congress can only tax the people for it, they can't demand that individuals purchase it.
  • I don't... Teri- O... 2012/06/30 15:17:45 (edited)
    I don't like Obama in office
    +1
    Your right...personally I think he should dis bar'd he is calling it some it is not really to make it so... If it is a tax and be it so as I understand the Historical veto powers of the office..Obama should not have signed it ..this is not a soft law of Action even such things sought he still was to have only the power to such as like calling the houses of congress of so to be able to act..less such would be so constructive treason..in lights of say the 14th Amendment Section 3..as like what;s was a failed view dealing with holder.& the gun runing. .such his right of as a elected member of the League of Common defense ..was to reject things that such did not take place... ie the State By STate Ballot Referendum Vote part of the very core of the 1st amendment and Voting rights Civil rights Acts 1833-1871 such it was crime or federal crime to seek to deprive such things...by the State reps that did not seek such basic voting rights for representative republic we are to be , 42 U.S.C. § 1986 : US Code - Section 1986: Action for neglect to prevent conspiracy


    .the vote of congress should not have stood as a act to change the Federal Constitutions if you will....this can't stand on the fact of Federal tax.. this is not a war matter on u.s, soil..Yet so changed back in the 20's 30'...

    Your right...personally I think he should dis bar'd he is calling it some it is not really to make it so... If it is a tax and be it so as I understand the Historical veto powers of the office..Obama should not have signed it ..this is not a soft law of Action even such things sought he still was to have only the power to such as like calling the houses of congress of so to be able to act..less such would be so constructive treason..in lights of say the 14th Amendment Section 3..as like what;s was a failed view dealing with holder.& the gun runing. .such his right of as a elected member of the League of Common defense ..was to reject things that such did not take place... ie the State By STate Ballot Referendum Vote part of the very core of the 1st amendment and Voting rights Civil rights Acts 1833-1871 such it was crime or federal crime to seek to deprive such things...by the State reps that did not seek such basic voting rights for representative republic we are to be , 42 U.S.C. § 1986 : US Code - Section 1986: Action for neglect to prevent conspiracy


    .the vote of congress should not have stood as a act to change the Federal Constitutions if you will....this can't stand on the fact of Federal tax.. this is not a war matter on u.s, soil..Yet so changed back in the 20's 30's so yet in the same wording none of it can't stand for the fact the matter of No You and me Voting rights took place so state By State, this would be so seeking to over ride states rights of what the federal tax is!

    Such no Via Referendum vote did not take place for the state reps to vote on to change a law of Federal Act that would be forced Note Historical note our Voluntary tax history
    (more)
  • I don't... I don't... 2012/06/30 15:30:03 (edited)
    I don't like Obama in office
    how is a new federal tax going to force the medical world to provide cheaper health care Cost... on national scale .. the Private Companies are still only going cover so much yet claim lower rates...? Some of the matter is keeping Legal what should be ban.. From what I have been reading some of this problem or health care debate is insurance companies Like say the Ones the backs the Maker and say Stock holder of the dentistry..world and the Health care debates over cost of removal etc ie the , amalgam problem is an alloy of mercury with various metals used for dental fillings. It commonly consists of mercury (50%), http://www.wellsphere.com/den... ,
  • I don't... I don't... 2012/06/30 15:40:40
    I don't like Obama in office
    http://usaviews.com/2009/08/2...
    Corruption at the FDA Over Dental Amalgam
    Issue: Amalgam Dental Fillings = Mercury Poisoning.
    The FDA (Food and Drug Administration) website recently removed a warning that it previously reluctantly posted about the toxicity of amalgam dental fillings. Why? FDA Commissioner Margaret Hamburg holds stock in the company (Henry Schein) that makes mercury fillings and she thinks it’s okay that Americans continue to be poisoned by this proved neurotoxin. The silver fillings placed in people’s mouths are comprised of 50% mercury
  • Soup Man 2012/06/29 02:42:49
    No
    Soup Man
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    Tim Campbell shared Marty Piepenbrok's status.
    25 minutes ago
    For all the Obama-lovers out there, many of whom are my family and friends, how do you like him now? Actually, I’m sure you haven’t changed your perspective and are reveling today but I hope you, no I know you will, eventually come to understand what happened today. The World’s Largest Tax Increase ever will be imposed on the U.S. citizenry.

    The only way Obamacare was ruled legal by the SCOTUS was that it be recognized as a TAX! Obama ran as an anti-tax candidate and you believed him and now he will forever be known as the one who brought the largest tax ever imposed on a people of any country and sadly it’s ours. You will pay for this one route or another. You want to buy the Federal Health Insurance go ahead…spend the money (oh and if you don’t know it may cost a little at first but costs increase steadily thereafter, per the Congressional Business Office (CBO) report on the program) and buy the coverage. Don’t want the coverage, don’t think you need insurance right now (...







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    Tim agitated Angry Beehive
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    Tim Campbell shared Marty Piepenbrok's status.
    25 minutes ago
    For all the Obama-lovers out there, many of whom are my family and friends, how do you like him now? Actually, I’m sure you haven’t changed your perspective and are reveling today but I hope you, no I know you will, eventually come to understand what happened today. The World’s Largest Tax Increase ever will be imposed on the U.S. citizenry.

    The only way Obamacare was ruled legal by the SCOTUS was that it be recognized as a TAX! Obama ran as an anti-tax candidate and you believed him and now he will forever be known as the one who brought the largest tax ever imposed on a people of any country and sadly it’s ours. You will pay for this one route or another. You want to buy the Federal Health Insurance go ahead…spend the money (oh and if you don’t know it may cost a little at first but costs increase steadily thereafter, per the Congressional Business Office (CBO) report on the program) and buy the coverage. Don’t want the coverage, don’t think you need insurance right now (and many don’t want insurance right now because they believe they are in good health) you will pay a penalty though a very high tax on your tax return. You will pay if you do and you will pay if you don’t.

    Also, according to the Congressional Budget Office report, the imposition of this law will result in the loss of more than 700,000 American jobs and that will be a very quick result to this program. Now considering that the Constitution was violated by Obama to make hundred’s of thousands of illegal immigrants now legal immigrants and can work in American jobs, where are the 700, 000 legal Americans going to replace their jobs. And, this in an absolutely awful national economy. Again, this is the Congressional Budget Office (CBO) stating this job loss, it’s not rhetoric.

    Also, in the CBO report, the poor are going to have less access to health care, in fact they won’t have health care they will only have emergency room treatment. Those who will have health insurance will now be able to get health care that includes preventative measures and so much more. The “great divide” between the two tiers has been widened by this ruling. How does that make you feel Obama supporters? Read the CBO report and educate your mind rather than working from your emotions.

    Now how is this opportunity for future regulations in this country going to sit with my Obama-lover friends? This decision now allows Congress, or any other government entity (can you say New York Mayor Gov. Michael Bloomberg) to issue mandates for anything they want to impose because legal precedence has been set that will apply to future legal interpretations. So what will you think when a Congressional majority mandates that everyone must own a gun or pay a tax if you don’t? How about everyone must eat seafood at least once a week and if you don’t or can’t because of allergies you will be taxed for your non-compliance. Don’t like diesel pickups? Hmmm… you could be forced to own one if it is mandated. Don’t like tiny two-person electric cars the size of a golf cart? Then get ready to pay a tax if such vehicles become mandated. Like air conditioning? Maybe not for too much longer. So I know you think this is a stretch but again the legal precedence has been set. Give it time.

    Good luck with the future my dear friends of Obama if this never changes from the legislative actions of a future administration. America as we have known it will be no more…and yes there are a lot of people who can’t wait for that change and to become Government Sheepeople. Not me however, and not a lot of other people either.
    (more)
  • oldrwizr Soup Man 2012/06/29 04:10:33
    oldrwizr
    Is that how Faux Noise is spinning this?
  • Temlakos~POTL~PWCM~JLA~☆ 2012/06/29 02:40:02
    No
    Temlakos~POTL~PWCM~JLA~☆
    +1
    Absolutely not. He played a Macchiavellian game, to make the Court "look good." He won't admit to himself that when you've got two parties, and one party is like a glove for the old Communist Party and the other one isn't, you *have to* be "partisan" in your rulings, if you don't want to surrender to the Communists.
  • Tedster Temlako... 2012/06/29 05:51:20 (edited)
  • Temlako... Tedster 2012/06/29 19:26:06
    Temlakos~POTL~PWCM~JLA~☆
    +1
    Coming from one who espouses Communist ideas, that is richly ironic, to say the least.
  • Tedster Temlako... 2012/06/29 19:28:51
    Tedster
    So Joe McCarthy has been reincarnated in the person of you. Yep, you're merely an extremist dupe. Well done.
  • Temlako... Tedster 2012/06/29 19:34:32
    Temlakos~POTL~PWCM~JLA~☆
    All right, you asked for it.

    ARE YOU NOW, OR HAVE YOU EVER BEEN, A MEMBER OF THE COMMUNIST PARTY?
  • Tedster Temlako... 2012/06/29 20:02:42
    Tedster
    Have you no decency, sir? Ok, dumb question. Keep it up and I'll have Ed Murrow show up at your fortress. He can swim the moat.
  • Kane Fernau 2012/06/29 01:56:05
    No
    Kane Fernau
    +3
    He changed a mandate to a tax.
  • flaca BN-0 2012/06/29 00:24:06
    Yes
    flaca BN-0
    +5
    Fox news watchers aren't (let's face it) the sharpest knives in the drawer. They have no idea why Roberts did what he did. You can't fix stupid or one-level thinking.
  • God bless American freedom 2012/06/29 00:02:27 (edited)
    No
    God bless American freedom
    +3
    and it makes me wonder what does the whitehouse know about Roberts that the rest of America does not know, eh?

    Rather like the fact our president has declared a national emergency about Russia June 25, 2012 ..but failed to announce it to the nation in a transparent way , eh?
  • stevmackey 2012/06/28 23:58:15 (edited)
    No
    stevmackey
    +3
    This is one of the few times that I disagree with FoxNews. I think that the five justices that voted for the passing are not worth the cloth that they wear. Remember that there were 4 dissenters.
  • Huntclan 2012/06/28 23:54:46
  • Rusty Shackleford 2012/06/28 23:54:24
    No
    Rusty Shackleford
    +4
    Roberts made a good argument, but that doesn't change the fact that it's a mandate.

    I am no longer a citizen, I am a subject.
  • God ble... Rusty S... 2012/06/29 14:12:43
    God bless American freedom
    +1
    I absolutely agree with your assessment.
  • lonewolf 2012/06/28 23:40:02
    No
    lonewolf
    +2
    he was bullied into it. what a wuss
  • Steve lonewolf 2012/06/28 23:49:35
    Steve
    +3
    Unlikely. Obama has no authority over him. However, he now faces the fury of right-wing extremists, something to be feared. His vote was an act of personal courage.

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