Thursday, March 18, 2010

Barry and the Supremes Present Health Care Constitutionality (or - It's Not Nice to Diss the Chief Justice)

As I write this, I don’t know whether or not Congress has manipulated things sufficiently to have passed the alleged health care reform. But I’m not worried. 37 states have already stated they will sue the federal government immediately on constitutional grounds claiming the individual mandate to buy insurance is unconstitutional; and the special deals for specific states violates equal protection provisions. If by chance Pelosi attempted to pass it using the “deemed passed” or “slaughter” method, several non-profit conservative groups have also drafted law suits saying a direct vote by the house on the Senate bill is required, not optional. The House of Representatives cannot “deem” a bill passed without voting on it.

Yes, this is confusing and I know many people who are clueless as to what is going on…not out of ignorance, but because of the complexity and sheer volume and hubris of what these guys are trying to do.

Although I voted for John McCain, I was a depressed voter. When he passed the McCain-Feingold Campaign Finance Reform Act, I thought it was the most unconstitutional piece of legislation I had ever seen. It stopped people like me from running ads or buying air time against an incumbent for a period of 30 days before the election. It also cut off all corporate advertising. I was right. Over a period of years, the Supreme Court neutered the legislation, the final nail in its coffin happening over the past 2 months. But it took years to get rid of.

I have no doubt that this health care reform abomination will also eventually be declared unconstitutional. The question is how long it will take. Will it take years…or months?

Under normal circumstances, my money would be on years. But these aren’t normal circumstances. Once this bill gets entrenched, it will be hard to roll back notwithstanding what the Supreme Court decides. There will be an urgency to look at it before too many of its provisions are implemented, unless an injunction is ordered pending the outcome. I think that is unlikely.

What may happen is that Barack Obama will learn the lesson of his arrogant and superior life. He will learn it’s not nice to “diss” the Supreme Court in front of the entire nation during the State of the Union Address and joint session of Congress. Chief Justice John Roberts has already tactfully let it be known he is not a happy camper with Obama’s oratorical antics. Justice Alito mouthed his disdain right on the floor. And instead of apologizing or trying to smooth things out, Press Secretary Robert Gibbs arrogantly chose to use a White House briefing to make the point a second time.

Now, when the health care lawsuits hit the federal court system, and go through the first round of hearings, here is what John Roberts is going to do. Like he did on the remaining portion of McCain Feingold last year, he will reach down into the system and pull the case up to the Supreme Court on his own motion, stating that because it's a matter of such national importance, the Court cannot wait for the usual lower court proceedings. He did it with the last part of the McCain Feingold. But a clearer example would be the Bush v. Gore proceedings in the 2000 presidential election.

Like all court cases, there are two sides to every story, and a Supreme Court Justice often could fall easily on either side of an argument. But given the history here, and that Justice Roberts is human as well as divine, on what side of the coin do you think he will land?

I believe he will shove it up Obama’s rear end so far that that unconstitutional piece of crap legislation will pop out Barry’s big ears!!!! Our constitutional law professor/President will learn once again that there are three separate but equal branches of government. And the Supreme Court is always more equal than the others.

There. I feel better now. Would you like me to tell you how I really feel?

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