Krauthammer Take on Obamacare-Unique!

[Editor: AFA posted a similar synopsis of the SCOTUS on June 28 from a different source.  This is so close in content, we suggest you do some research to be sure this was written by Krauthammer.)

June 28, 2012
To all my friends, particularly those conservatives who are despondent over the searing
betrayal by Chief Justice John Roberts and the pending demise of our beloved country, I
offer this perspective to convey some profound hope and evidence of the Almighty’s hand
in the affairs of men in relation to the Supreme Court’s decision on Obamacare.
I initially thought we had cause for despondency when I only heard the results of the
decision and not the reason or the make-up of the sides. I have now read a large
portion of the decision and I believe that it was precisely the result that Scalia,
Alito, Thomas, Roberts and even Kennedy wanted and not a defeat for
conservatism or the rule of law. I believe the conservatives on the court have run
circles around the liberals and demonstrated that the libs are patently unqualified to be on
the Supreme Court. Let me explain.
First let me assure you that John Roberts is a conservative and he is not dumb, mentally
unstable, diabolical, a turncoat, a Souter or even just trying to be too nice. He is a genius
along with the members of the Court in the dissent. The more of the decision I read the
more remarkable it became. It is not obvious and it requires a passable understanding of
Constitutional law but if it is explained anyone can see the beauty of it.
The decision was going to be a 5-4 decision no matter what, so the allegation that the
decision was a partisan political decision was going to be made by the losing side and their
supporters. If the bill was struck down completely with Roberts on the other side there
would have been a national and media backlash against conservatives and probably strong
motivation for Obama supporters to come out and vote in November. With today’s decision
that dynamic is reversed and there is a groundswell of support for Romney and
Republicans, even for people who were formerly lukewarm toward Romney before today,
additionally Romney raised more than 3 million dollars today.
Next, merely striking the law without the support of Democrats and libs would have left the
fight over the commerce clause and the “necessary and proper “ clause and the federal
government’s role in general festering and heading the wrong way as it has since 1942. As
a result of the decision the libs are saying great things about Roberts; how wise, fair and
reasonable he is. They would never have said that without this decision even after the
Arizona immigration decision on Monday. In the future when Roberts rules conservatively it
will be harder for the left and the media to complain about the Robert’s Court’s fairness.
That’s why he as Chief Justice went to the other side for this decision not Scalia, Alito,
Thomas or Kennedy, all of whom I believe would have been willing to do it.
Next let’s look at the decision itself. Thankfully Roberts got to write it as Chief Justice and it
is a masterpiece. (As I write this the libs don’t even know what has happened they just
think Roberts is great and that they won and we are all going to have free, unlimited
healthcare services and we are all going to live happily ever after.) He first emphatically
states that Obamacare is unconstitutional under the Commerce Clause saying you cannot
make people buy stuff. Then he emphatically states that it is unconstitutional under the
“necessary and proper” clause which only applies to “enumerated powers” in the US
Constitution. Justices Ginsberg, Breyer, Sotomayor and Kagan all went along with these
statements. They never would have gone along with that sentiment if that was the basis for
striking the law in total. This is huge because this means that the Court ruled 9-0 that
Obamacare was unconstitutional under the Commerce clause which was Obama’s whole
defense of the bill. They also ruled 9-0 on the “necessary and proper” clause. Even better
both of these rulings were unnecessary to the decision so it is gravy that we got the libs to
concede this and it will make it easier to pare away at both theories in the future, which we
must do. Well done.
Roberts, through very tortured reasoning, goes on to find that the taxing law provides the
Constitutionality for the law. Virtually everyone agrees that the Federal government has the
power to do this as it does with the mortgage deduction for federal income taxes. This too
is huge because Obama assiduously avoided using the term “tax” and now he has to admit
this law is a tax and it is on everyone even the poor. That will hurt him hugely in the polls
and will help Romney. More importantly though is the fact that this makes this a budgetary
issue that can be voted on in the Senate by a mere majority instead of 60 votes needed to
stop a filibuster. That means that if the Republicans can gain a majority in the Senate, it
can vote to repeal Obamacare in total.
Finally the Court voted 7-2 to strike down the punitive rules that take away money from
states that do not expand Medicare as required in Obamacare. This too is huge because we
got Kagan and Breyer to join this decision and it can easily be applied to many other cases
of extortion the Federal government uses to force states to do things they don’t want to.
This is also amazing because Obamacare has no severability clause so by striking the
Medicaid mandate portion as unconstitutional the whole bill should have been struck. If that
happened none of these other benefits would have been accomplished. I haven’t read far
enough to know how he did it but I am sure it is brilliant.
So to recap the Roberts court through a brilliant tactical maneuver has: strengthened the
limitations of the commerce clause and the necessary and proper clause by
a unanimous decision, made Obama raise taxes on the poor and middle classes, converted
Obamacare into a tax program repealable with 51 votes in the Senate, enhanced Romney’s
and Republican’s fundraising and likelihood of being elected in November, weakened
federal extortion and got the left to love Roberts and sing his praises all without anyone
even noticing. Even Obama is now espousing the rule of law just 2 weeks after violating it
with his deportation executive order.
That is why I have decided this was a genius decision and that I did in fact get a great
birthday present today not to mention U. S. Attorney General Eric Holder being held in
contempt. What a day.


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