Thursday, June 28, 2012

Chief Justice Roberts Ruined His Legacy Today

A 5-4 Decision With A Swing Vote
From The Chief Justice

The Statue of Liberty is weeping again as the US further marches on the road to serfdom.

What was Chief Roberts thinking? Was he trying to avoid the appearance of a so called activist court? Why was he agreeing to this stinking compromise?

Extremely Flawed Reasoning

I thought he was smarter! Chief Justice Roberts cannot distinguish a penalty from a tax? This is a bad joke at our expense. So if the president and the Congress in the future mandate anything that citizens or companies have to comply with, all they have to do is to attach a penalty tax? To argue that a mandate to buy health insurance falls under the taxing power of the U.S. Constitution is ludicrous.

Given the fact that this law is full of unconstitutional mandates, he had every reason to vote against it. There is the “guaranteed issue” mandate and the “community rating” mandate besides the individual mandate. The former two severely interfere with the freedom of contract as well. Not to mention that these two mandates have quasi the effect to nationalize private health insurance companies.

Infamous As Plessy Vs. Ferguson

Today's decision will go down in history as one of the worst decisions ever made by the US Supreme Court.

In case, the reader is unfamiliar with Plessy vs. Ferguson decision of 1896: It upheld racial segregation and coined the infamous phrase “separate but equal”.

Or is today’s decision worse than Wickard v. Filburn (a 1942 New Deal monstrosity that opened up the Commerce Clause for plenty of abuse)? This may well be the case.

Stare Decisis – A Bad Precedent Was Created

I remember well how eloquent Chief Justice Roberts answered questions during his confirmation hearings about stare decisis. Now he created a bad one. It took almost 60 years to overturn Plessy v. Ferguson. How long will it take the SCOTUS this time?

What Would A Reputable Judge Do?

Resign immediately! If he does not resign, one can only pray this was his only and worst slippage and from here on he will be a better Chief Justice.

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