SCOTUS Tortures Constitution: PPACA
The Market Ticker ® - Commentary on The Capital Markets
Posted 2012-06-28 14:02
by Karl Denninger
in Health Reform
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SCOTUS Tortures Constitution: PPACA
 

Now I've seen it all.

The USSC upheld Obamacare by, basically, twisting the Constitution into a pretzel, crapping on it, whizzing on that and then eating it.

Finding first that the Commerce Clause bars the government from compelling one to enter into commerce, the analysis then turned to whether there was any way to save the constitutionality of the act.

The justices found one.

They re-interpreted the penalty clause as a tax.

And of course, Congress can levy taxes.

That's the path taken by this tortured process -- a path that could only be dreamed up if someone had already determined the outcome they sought instead of being an independent jurist.

The real surprise, however, is that Chief Justice Roberts, believed to be a strict constructionist on the court, managed to not only agree with this piece of tortured logic he found and constructed it as the opinion is his!

So much for judicial restraint and strict construction!

You really ought to read the dissent that starts on page 127 of the opinion.  Justice Scalia, Thomas, Kennedy and Alito eviscertate the majority, saying in part:

Here, however, Congress has impressed into servicethird parties, healthy individuals who could be but are not customers of the relevant industry, to offset the undesirable consequences of the regulation. Congress’ desire to force these individuals to purchase insurance is motivatedby the fact that they are further removed from the marketthan unhealthy individuals with pre-existing conditions, because they are less likely to need extensive care in the near future. If Congress can reach out and command even those furthest removed from an interstate market to participate in the market, then the Commerce Clause becomes a font of unlimited power, or in Hamilton’s words, "the hideous monster whose devouring jaws . . . spare neither sex nor age, nor high nor low, nor sacred nor profane." The Federalist No. 33, p. 202 (C. Rossiter ed. 1961).

What little was left of The Constitution died today, June 28th, 2012.

And incidentally, the math on federal health spending coupled with this decision means that by the time a 55 year old man reaches 85 (his life expectancy, roughly) the Federal government will be attempting to spend roughly $15 trillion a year on health care.

(No it won't, no we won't get that far, and the detonation of our government on the fiscal side is now assured -- or your health care will be sacrificed.  This is mathematics, not politics.)

PS: For those who think that the majority opinion somehow "upholds" limits on the Commerce Clause, you're reading this wrong.  Dead wrong.  The opinion finds that anything that Congress wants to do it can compel with any sort of financial penalty and construe it as a tax -- even though such is blatantly unlawful under both the Anti-Injunction Act and, for many such instances as a direct tax (as it would not be apportioned as required by the Constitution.)  The justices simply ignored these infirmities when it suited them; in effect they used the Clinton argument -- the word "is" means whatever they want it to mean even when it required two different meanings at the same time

What was left of the Constitution and our Republic literally died today, and not one political candidate or party that I've seen respond to this thus far has gotten it right.

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Mortgageguymn
Posts: 1562
Incept: 2009-03-09
Green
North Coast
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My country died today.
Steph4liberty
Posts: 1678
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Gold
Raleigh, NC
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I think we should all start wearing all black clothing all the time to mourn the death of our beloved Constitution.

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"Man will never be free until the last Banker is strangled with the entrails of the last Politician" - unknown

"This isn't a market anymore, it's a computer game." - Drench
Sailordeek
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My country has been on life support for years. It did not wake up today, so we pulled the plug. smiley
Duc888
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CT, the UNconstitution State
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Between Obla-bla...Holder and SCOTUS...I actually get physically ill if I think about it too long.

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...burp
Jal
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I'm not worried.
Just put Palin in charge of the death panel.
Spearchucker
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Green
Seattle
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I wish I could say that I am surprised by this ruling. One step closer to the edge.....
Mcdeux1775
Posts: 3
Incept: 2010-01-12

ATL
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Even if obamacare is repealed - the damage has been done, a mortal wound has been dealt to us all - as the legal precedent has now been set - any government mandate is now legal, period, end of story, as long as you add a tax to the mandate. [what kind of mandates you think those self serving folks in DC can come up with? plenty I tell you, none of it good]

what worries me is that in the news articles and forum comments I am reading, not many are focusing on this aspect, which is fundamentally HUGE - it will indeed impact us all...
Ciaoboniface
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I was getting my morning coffee when this was announced: people were literally jumping around in joy. The barista: "Now I can finally go to the doctor!" *sigh* I hope bondzilla eats them like the t-rex ate that dude in the toilet in Jurassic Park.
Winstonsmith2009
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Incept: 2009-08-05

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And to get a good idea of who has what to gain from this decision, I give you:

Hospitals, some insurers gain after ruling

http://www.marketwatch.com/story/health-....

Gaining quite a bit from the way it looks.

Dashingdwl
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los angeles
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When does the Revolution start?

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When you are hard and disciplined, you can be principled. People fear you because they have no leverage against you. It's the truest form of Liberty.
Analog
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arkansas ozarks
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i just cant find the words.

Quote:
the hideous monster whose devouring jaws....


it ate Cap'n Quint as surely as it will the rest of us.

Larsenebezzle
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Land of Oz
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http://www.slate.com/articles/news_and_p....


The left is just starting to realize they've been had.


Win the battle, lose the war.

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I am heavily positioned in lead and lead delivery systems.

"Running's not a plan! Running's what you do, once a plan fails!" Earl Bassett
Jinxx0r
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Silver
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http://twitchy.com/2012/06/28/classy-dnc....

"it's constitutional. Bitches." ~ Patrick Gaspard, executive director of the DNC

They deleted "TAKE THAT MOTHER****ERS!!"

It's like I'm watching the real life version of idiocracy.
Duc888
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Quote:
When does the Revolution start?


This weekend.

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...burp
Nevertoolate
Posts: 1219
Incept: 2007-08-26
Gold A True American Patriot!
San Antonio de Bexar de runover with illegals, Texas
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The next tax will be on all vehicles not manufactureed in the US or on the percentage of non US Components. This will be to "help" the US economy, but in reality, it will be payback for the Unions. .Gov will manipulate our every move via this method of "taxing" the people. Coming up.. a special tax on Ammo. Ammo is not mentioned in the 2nd Amendment. I am glad I am as old as I am.

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"Socialist never mind stealing, as long as they are the ones doing the stealing. They never mind lying, as long as they are doing the lying."-Mannfm11

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Eugene
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PPACA has a series of new taxes and penalties, including on individuals.

Under PPACA, if people buy a government-approved health insurance product, they are exempt from the new tax.

I find this clear as day.

Awful, yes. Machiavellian, yes. But legal? Absolutely.


Winstonsmith2009
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Incept: 2009-08-05

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"The left is just starting to realize they've been had."

That's an interesting and nuanced analysis by Slate. The title of the column you linked to:

Obama Wins the Battle, Roberts Wins the War - The chief justice’s canny move to uphold the Affordable Care Act while gutting the Commerce Clause.
Randy123
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Earth
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Totally agree Jinxx

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End_the_bubbles
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The New 3rd World
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Genesis wrote..
This is mathematics, not politics.


There is a drug for that! Apparently, just about everyone is on some really strong hallucinogenics thinking this **** is going to work.

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In the long run even the most despotic governments with all their brutality and cruelty are no match for ideas. Eventually the ideology that has won the support of the majority will prevail and cut the ground from under the tyrant's feet and rise in rebellion to overthrow their masters.
Trades50
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Quote:
detonation of our government on the fiscal side is now assured


Gas pedal pushed and a couple of years we will be driving off the cliff.

Why would a company want to keep their healthcare plans. Keep the money by not supporting healthcare and don't raise the pay. Just pay the yearly fine.

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When the people fear the government, there is tyranny. When the government fears the people, there is liberty. - Thomas Jefferson

Cbxer55
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Midwest City, OK
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Steph4liberty:

Like Johnny Cash, huh? Good idea, been wearing all black for a long time, it's my favorite color. Got a closet full of black shirts, jeans, black socks and undies. ;-)
Lowbeyond
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CO aka West NJ/East CA
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bull****

this did nothing to strike raich or wickard. all it did was for now to stop expanding what it means.


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Maybe it was a birdy bread-bomber from the future?!
Eighty6thebs
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It's contained to sub-prime!
Online
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There went Thelma flying by.

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Publius
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This was the one outcome I absolutely didn't believe would happen: 5-4 to uphold with CJ Roberts joining the liberals. I just can't believe it. Kennedy and the conservatives -- Kennedy mind you! -- was going to throw out the entire law, not just the mandate, but the whole kit and kaboodle, and Roberts throws in with the libs, 5-4. But for Roberts, the whole thing would've been ruled unconstitutional as it should eb.

There is speculation that Roberts was originally with the conservatives, but changed his mind or was gotten to to change his mind. I have no idea.
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