BOHICA (pronounced bo-hee-ka) is described as the following: ” To force an individual or group of individuals to perform a physical manuever of bending over one’s torso to enable the person to use their hands to grab their legs or ankles. This manuever allows the victor to prescribe punishment to the individual/individuals.” Bend Over Here It Comes Again.
We got BOHICA’d from John Roberts and the Supremes….
Officially in my opinion Roberts blew the chance to be the deciding factor against BO Care and relegate it to the trash pile where the bill belongs. I think he left his spine at home in his interpretation of the individual mandate. While there was always a chance for this interpretation and opinion (which is what it is – an opinion), no one saw this coming. Did he cave to pressure of comments from Barry or was his lengthy opinion the inner workings of how he thinks?
I am already hearing today from friends all over and seeing the writings and spin masters declaring today being a loss of liberty. Before you burn Roberts in effigy, take a long walk off a short pier, or act like the dunderhead for the libs on the night Scott Walker won the recall election – you might want to consider all that came out in the ruling.
While I will standby my opinion that Roberts dropped the ball, he also dropped some nukes on the bill that will give conservatives some bright points to ponder. The Roberts Court ruled the mandate a tax, which Congress does have the right to do. In doing so, the court also declared the government’s ability to force you to purchase any old product they deem fit under the Commerce Clause as a no-no. As distasteful as this ruling is in allowing the law to survive, this is an important landmark statement of defining a limit on Congressional powers. That will ring in the ears of Congress for years to come. So Barry’s landmark legislation is a tax that he and the Dems of the 111th Congress forced down the throats of ALL Americans. That means he LIED, once again, on who he would and would not raise taxes on. So to the “little people” who Barry promised he would never raise taxes on, this bill concretes his legacy as a tax and spend liberal.
However, the flip side of this rubbish is that while this ruling restricts Congressional overreach under the Commerce Clause, it opens up the potential for misuse and abuse of the tax code. That little nugget could have been avoided had Roberts stepped up and struck this bill down.
One more little bomb Roberts dropped on BO Care surrounded Medicaid funding. The Roberts Court declared the feds cannot bully the states on compliance. If a state takes money under the new law, then the feds can require enforcement. However, if the states declare to the feds to stick it on funds from this law, the feds have no right to blackmail them by withholding Medicaid funds. Considering this is a large bulk of BO Care, this could cause this law to collapse in on itself.
The full opinion on BO Care can be read at :http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf
This has been a weird week from the Supremes. Monday, they gut the Arizona law by 3 parts and yet leave 1 part in tact that really needs some the other parts to be effective. Today, we get this tarpit.
Whatever comes from all of this, I think we have established 2 new parameters of questions for federal judges and here is how I think the questions should be posed to any federal court nominee:
” Please describe your opinion and interpretation on the 9th and 10th Amendments as they relate to a State drafting laws to allow it to enforce federal laws in lieu of the federal government actually taking action itself. In other words – federal law exists and the federal government will not or cannot enforce its own laws and the States must enact its own soveriegn law to support the people and the State”
” Please describe your opinion and interpretation on Congress’ authority under the Commerce Clause.”
Hope we see some questions like these when it comes time to fill federal judicial vacancies.
In the interim –