Obamacare Travesty: The Supreme Court Continues To Make Stuff Up Out Of Thin Air

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Supreme Court - Public DomainThanks to the Supreme Court’s willingness to make stuff up, Obamacare has been saved once again.  In order to save Obamacare from utter disaster, Chief Justice Roberts essentially rewrote the law.  If you are thinking that the Supreme Court is not supposed to do that, you would be right.  But this is what our judicial system has devolved into.  When I was in law school, I was horrified to discover that most judges in our country just do whatever they feel like doing.  Instead of applying the law to the facts and coming to a fair and unbiased judgment, most judges in America just do whatever they want to do and then search for some law or case precedent that they can use to justify their decision.  If there is no law or case precedent, some federal judges even go outside of the country to find justification for their absolutely ridiculous rulings.  There have been instances where international law or international standards of morality have been cited as authority for a decision in a federal case.  We have become a lawless land where the letter of the law no longer holds any real meaning, and where tyrannical judges just make stuff up out of thin air in order to advance their own personal political agendas.

 

This decision on Obamacare should have been quite straightforward for the court.  The following is how Business Insider described the key issue in this case…

The case revolved around the interpretation of a phrase that stated that healthcare exchanges must be “established by the State” in order to receive tax credits. Scalia said that he was baffled that the majority of the justices could interpret this to mean that the federal government could give tax credits in states where exchanges weren’t established by the state.

“Words no longer have meaning if an Exchange that is not established by a State is ‘established by the State.’ It is hard to come up with a clearer way to limit tax credits to state Exchanges than to use the words ‘established by the State,’” Scalia said.

That sounds pretty basic, right?

“Established by the state” should mean “established by the state”?

In his dissent, Justice Antonin Scalia scolded the court for discarding all usual rules of interpretation in order to preserve Obamacare…

“Under all the usual rules of interpretation, in short, the government should lose this case. But normal rules of interpretation seem always to yield to the overriding principle of the present court: The Affordable Care Act must be saved.”

To say that Scalia was upset by this decision would be a massive understatement.  He says that this ridiculous decision will be “remembered through the years” and that it sends a message that “the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites”…

“But this Court’s two decisions on the Act will surely be remembered through the years. The somersaults of statutory interpretation they have performed (‘penalty’ means tax, ‘further [Medicaid] payments to the State’ means only incremental Medicaid payments to the State, ‘established by the State’ means not established by the State) will be cited by litigants endlessly, to the confusion of honest jurisprudence. And the cases will publish forever the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites.”

Near the end of his dissent, he chided his fellow justices for rewriting Obamacare in order to save it, and he suggested that this law should now be referred to as “SCOTUScare”…

“This Court revised major components of the statute in order to save them from unconstitutionality.… We should start calling this law SCOTUScare.”

Normally, at the end of a dissenting opinion it is traditional for a Supreme Court justice to state “I respectfully dissent”.

But this time, Scalia simply ended with “I dissent”.

That may not seem like much to you, but in the legal world that is extremely significant.

Of course Obama was absolutely thrilled by this Obamacare decision.  The following comes from CBS News

President Obama commended a Supreme Court ruling that upheld a major portion of the Affordable Care Act on Thursday, hailing the decision as a vindication of his push for health care reform – and a clear signal to the law’s opponents that it’s time to give up the ghost.

“As the dust has settled, there can be no doubt this law is working,” the president said in a brief speech from the White House Rose Garden. “After multiple challenges to this law before the Supreme Court, the Affordable Care Act is here to stay. This morning, the court upheld a critical part of this law – the part that’s made it easier for Americans to afford health insurance no matter where you live.”

This all makes me very sad.  Our law schools have become indoctrination centers for progressivism.  Our law students are being taught that the U.S. Constitution is a “living, breathing document” and that courts should determine what the best end result of a case should be and then figure out the best way to justify that decision.

Our law schools are some of the most liberal institutions in the entire country.  This is true even in the most “conservative” states.  Over the past several decades, graduates of these law schools have flooded the legal system and now dominate the judiciary on every level.

Yes, we can elect a new president and many new members of Congress in 2016, but changing the judiciary would literally take generations to accomplish.  That is why so many prominent voices are increasingly speaking out about “the tyranny of the judiciary”.  We have hordes of activist judges running around doing pretty much anything that they feel like doing.  It truly is a national crisis.

On a day to day basis, Barack Obama and Congress get a tremendous amount of criticism (and rightly so), but our judicial branch is also deeply, deeply corrupt and it would be much, much harder to fix.

Over the next few days, several more very important Supreme Court decisions will be announced.  And without a doubt, we should expect to see the “justices” continue to make stuff up out of thin air.

If our founding fathers could see what was happened to the Supreme Court that they created, they would be rolling over in their graves.

 
  • Sandbagger

    Michael,

    I wonder if a yellow-fringed United States flag was in that courtroom? If it was, it’s because it’s under military jurisdiction, right? As Commander-in-Chief, would Obama have significant say over the fate of Obamacare in that court? A military court is not under the same rule of law as a civilian court, right?

    You can guess I am not a lawyer!

    Look up Court Cases on Yellow Fringed Flags by Richard Anthony (Ecclesia dot org) I’d like to know what you think.

  • K

    The entire Government is corrupt. Roberts had to rewrite the law, to declare it legal the first time. So do not be surprised he did it again. America is gone. The fascist united states, are here. Where you get all the justice money can buy.Just remember if you can not afford justice, do not expect any.

    • MichaelfromTheEconomicCollapse

      And I have been wondering if these has been any “undue pressure” placed on Roberts at any point in time. I have heard rumors about this, and it certainly would not surprise me.

      • K

        Possibly. But whether pressured, or paid to not do the job correctly. The results are the same. I would not want the task to find 5 just men in D.C. For I doubt I could accomplish that task.

        • Ouida Gabriel

          That is the truth.

        • Avner

          Well, the drug dealers and hookers in DC are more honest than any of the politicos.

      • Gay Veteran

        LOL, why do you think the NSA (National Stasi Agency) is spying on EVERYONE

  • jaxon64

    It has taken the progressives a few generations to achieve this–and other parts of their plan to create “cultural Marxism” in Amerika.
    Take over the judicial?–check plus ++
    Take over education from elementary thru college and dumb down the masses?–check plus+++
    Take over all components of media and control the info that the masses are programmed with? check++ and the internet will be next
    With these 3 basics they will end the Constitution as rule of law, ensure that the uneducated, apathetic and preoccupied masses don’t object as the death of individualism and national sovereignty take hold–
    This, more than anything else tells me our nation is over—patriotism itself can be outlawed, defending our borders and citizens can be unlawful and construed as racism or hate speech, being Christian or speaking about the true tenants of Islam will be punished——-
    Hitler never had it so good in his national socialism as the current crop of progressive socialists do in Amerika.

    • kfilly

      Antonio Graminsci would be proud as would Karl Marx. Two prison inmates that should have been executed.

      • The Lulz Warrior

        Can you imagine what would have happened to them in today´s US prison system?

        The soap’s dropped, n****! You think you’re just gonna leave it down there?

    • MichaelfromTheEconomicCollapse

      Very well said Jaxon. :)

      • Robert C.

        I noticed that you did not do an article about the church shooter in Charleston, S.C.? I wonder why?

        • Jim Davis

          There’s not much to say except a loner nut on big pharma’s drugs murdered some people.

          • Gay Veteran

            hey! Big Pharma gotta get those dollars

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      • f

        I hope you realize that state could also refer to a country. i.e “The sovereign state of France”
        “The sovereign state of the US”
        This is the same supreme court that allowed oil companies to drill in the artic, limited abortion and contraceptive access, and cut gun laws.
        Are you sure it is “liberal”.

    • The Lulz Warrior

      Nope.

      If Hitler´s Germany had been like Obama´s America, the Polish armies would have reached Berlin in 3 days and reached the Italian border less than a week later, ending WW2 before mid September 1939!

    • Gay Veteran

      this case has less to do with progressives and more to do with profits for the insurance companies.
      we live under fascism (the merger of state and corporate powers)

      • DANA

        It’s funny, those who always screamed that insurance companies were greedy, don’t realize that Obamacare guaranteed them record profits and a taxpayer bailout when the whole thing collapses, which it will! I wonder about people who cling to their political parties, do they even know what their clinging to?

        • Gay Veteran

          having read Karl Denninger’s website I knew exactly what was going on

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  • Mistanick

    There has always been an element of evil in government as with all parts of society. We are a fallen people and so must those who are elected and appointed in leadership share the taint.

    The current news of the week is most disdainful, however. Folks in generations past could often see through the smoke and declare that yes, evil is in power, and we will continue to fight it.

    The current Supreme Court has established itself, through the applause of the faithful and ignorant electorate, as the corrector of bad law. Knowing nothing of the true Constitutional purpose of the Supreme Court, ivy league educated journalists and so-called experts now applaud the Court for correcting a law that was “in-artfully written”.

    Michael, I used to believe that there were a few in government who were prepared to stand for truth and our Constitutional freedoms. I was wrong. There are none now. Politics is politics and all men, who run after the right to govern, soon succumb to the lure of the evil that pervades D.C. and all the halls of power, to include the Supreme Court.

    We are no longer a Constitutional republic, as the United States Constitution means nothing, nothing. The Constitution is a “living, breathing, document”, made of clay, just what the globalists at the UN and other evil bastions of so-called power and influence seek it to be. The decision today is not about health care, but about slamming freedom into the ground and taking with it ideals that once held up our gifted country.

    We are living in dark days.

    Michael, you mention in your article that “prominent voices” are speaking out. Where are they today and where will they be tomorrow, after they are ushered into dark rooms and told the rules of the game if they want to live in the halls of power?

    Our country has lost our way. We have lost our faith in an almighty God. In baseball games, we sing at the 7th inning stretch for God to bless America, but why should He? Why should God bless a land that has degraded the blessings bestowed upon it. We sanction killing our babies by the millions, reward evil while entertaining our conscience with inane amusements, movies, and games.

    I don’t have an answer, other than to return to our roots of faith and values. Ideals of morality, Godly virtues, and prayer must guide our own thoughts and individual lives. That’s a beginning. The end is yet to be written.

    • MichaelfromTheEconomicCollapse

      Mistanick:

      I have to agree with you that things are looking extremely bleak for our Republic.

      • Maybe the drought in California & forced vaccinations are being used by God to drive a few chosen people out before he sinks the place. God wouldn’t burn Sodom until Lot & his family left.
        Kind of scary living in Phx knowing since my teen years that if it sinks a big wave of water could be coming my way (i’m stuck at my job). At least there’s live webcams, cars, etc.

    • Ouida Gabriel

      Your comment is much appreciated this morning. Thank you for taking the time to do this.

    • Gay Veteran

      this decision is about corporate profits, now back to work peasant

      • Mistanick

        Off topic, but your moniker appears to try to gain “identity” in that you are a “veteran” of military service (along with me and millions of others) gee so what? and also homosexual (a behavior rather than a condition you were born with). Combined, is that supposed to establish some type of significance to your stand on issues?

        It is simplistic to believe “corporate profits” drive men and women to evil. Your other posts appear to condemn any spiritual significance to one’s actions, but that skirts the issues at hand.

        Off topic again: There exists evil in this world that has existed over time prompted by the devil himself. God does exist and so does His enemy satan. Men choose to follow one or the other ultimately, and we are seeing the depravity today and endless days past of men’s choices on whom they will follow.

        Thanks for your service in the military. You gave a portion of your life and in return, received a job, pay, benefits,and training. On with life, but please, sir, don’t believe it gives you lifelong entitlements or any more credibility than the average John Smith. While you served, many others served in other ways …..to pay taxes so that you could be a veteran, make the machinery that you used, and build the facilities that make it all happen and pay for the endless benefits the government has given you that no else gets.

        • Gay Veteran

          “…Combined, is that supposed to establish some type of significance to your stand on issues?….”

          hey junior, am I supposed to get your permission before using a screen name?

          “…It is simplistic to believe “corporate profits” drive men and women to evil….”

          uh, what would evil men do for money and power?

          “…On with life, but please, sir, don’t believe it gives you lifelong entitlements or any more credibility than the average John Smith….”

          great strawman you built, because you can’t find where I claim being a veteran gives me “lifelong entitlements” or “more credibility”. That’s just BS you made up

          “…Off topic again: Thanks for your service in the military….”

          WOW, you are sooooooooooo insincere.

          “…While you served, many others served in other ways …..to pay taxes so that you could be a veteran, make the machinery that you used, and build the facilities that make it all happen and pay for the endless benefits the government has given you that no else gets.””

          hey Einstein, I don’t get “endless benefits”

      • DANA

        If only you could get more “progressives” to believe this.

        • Gay Veteran

          why? they belong to a tribe, just like “conservatives”. Facts are not relevant

  • kfilly

    I want this country to collapse. I hate to say it. I know there will be unspeakable suffering, but this corruption needs to end. I might even die in the process, but I know I am right with God. That is all that matters now. I cannot stand this ridiculousness anymore. This is a perfect example of a kangaroo court operating in a kangaroo republic. Most Amerikans are still too dumb to see what their country is. This is what they deserve for their ignorance, stupidity, and apathy. Welcome comrades! This is National Socialism brought to you by Fabian Socialists! This is what you wanted! This is your slavery!

    • MichaelfromTheEconomicCollapse

      Please don’t say that you will die in the process kfilly. We need more people like you – not less.

      • kfilly

        I did not say that I would die. If it comes to pass, I will accept my fate. I am right with God which is what truly matters.

    • T.

      God is about to bring his judgment upon this evil and vile nation for the Government has been Captured by this wickedness.

      This is the Lord’s judgment upon this evil – I say bring it on Lord.

    • Avner

      I agree with all your statements above. ‘Muricans need to be seriously punched in the face. You can’t just keep saying “Oh well next election.” You don’t get a million opportunities to get something done. You have to seize the moment and get it done.

    • The Lulz Warrior

      Nope.

      If Hitler´s Germany had been like Obama´s America, the Polish armies would have reached Berlin in 3 days and reached the Italian border less than a week later, ending WW2 before mid September 1939!

    • DANA

      Sin and corruption have a threshold. To deny this is to deny historical fact. None of us know when that threshold will officially be crossed, but a lot of us think were close.

    • Quetzol-43

      Sooner it begins, the sooner it will be over!

  • silverwillwin

    “If our founding fathers could see what was happened to the Supreme Court that they created, they would be rolling over in their graves.” Believe you me ~ they’re already spinning !

  • Avner

    “We have become a lawless land where the letter of the law no longer holds any real meaning, and where tyrannical judges just make stuff up out of thin air in order to advance their own personal political agendas.”

    So, under contract law, doesn’t that essentially mean that they voided their own authority that we allowed them to have? I mean, they broke the contract so why would we continue to uphold our end of the contract? Right?

    I mean, no one thinks of things in that light. Everyone wants to just bury their head in the sand, or bible, or they just want to hide in their basement eating cat food. Everyone has to step up and say no. Well I known I’m preaching to the choir here in many respects and in others the government lovers who will do mental gymnastics further than the supreme bunch of jerks do.

  • renda blue

    OUr Country is GONE

  • DJohn1

    We have a king!

    When any one of the three branches of government does what this Supreme Court has done then it is a dictatorship rather than a Republic.
    Not to worry, in the end, they will be remembered for what they did.
    The problem is basically that they are exposed to public attention and the name they make for themselves will outlive them. Whether it is a rose or a skunk, the odor will be there forever.
    Usually in a political process such as this, we should examine who benefits and who doesn’t. Where does the money flow and how does it effect the people making these decisions?
    This particular decision might smell a lot worse if we actually knew whether or not the judges had investments in the industry they are making judgments about.
    But that would take the fifth estate to find out. That would take a very good reporter with a news agency behind them willing to publish or report what is going on.
    There is an old saying: “Something is rotten in Denmark” and we do not have to go to Denmark to find it.
    What we have to do is simply free up the fifth estate to find and root out the corruption and make it open to the air.

    • Gay Veteran

      “…But that would take the fifth estate to find out. That would take a very good reporter with a news agency behind them willing to publish or report what is going on…..”

      6 mega corporations control 90% of the media, they are the propaganda arm of the government

  • Cooter Bug

    The real sad but true fact is that the law is only when you can get a judge to enforce it in your behalf ?

  • rmc9

    …women should not be a voting part of this court…stand back, here it comes…

  • Marc

    And now they’ve aligned themselves with Sodom & Gomorahh

  • JasonD

    Should call it “SCROTUScare”

  • Jim Davis

    We are always told by Republicans that we must hold our noses and vote for their establishment presidential candidatebecause of the supreme court. Well look how their nominee worked out! There is zero reason to vote Republican unless you actually like the fact that they along with the Democrats are destroying this country! There is no lesser evil in Washington. It’s all evil. Don’t support evil.

  • Gay Veteran

    Scalia is a reactionary pig, but like a stopped clock he was right in this particular case

  • Paul Patriot

    Coming next…….The marriage of human and animal being recognized….and on and on and on into the hell bound depths of depravity and welcoming Gods wrath on this nation.

    • Thomas

      You are incorrect. They cannot allow animals to marry humans because animals are not humans (well, technically humans are a kind of animal, but whatever). However, they just legalised more human and human marriage. Men can now marry men and women can marry women. A human can now marry any human he or she wishes in the United States. Love wins.

    • Gay Veteran

      “Coming next…….The marriage of human and animal being recognized….”
      interesting how the authoritarian mind automatically goes to bestiality.
      btw, exactly how is an animal going to consent to marriage?

  • VigilanteCaregiver

    “UNITED STATES, PETITIONER v. EDITH SCHLAIN
    WINDSOR, IN HER CAPACITY AS EXECUTOR OF THE
    ESTATE OF THEA CLARA SPYER, ET AL.
    ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
    APPEALS FOR THE SECOND CIRCUIT
    [June 26, 2013]
    JUSTICE SCALIA, with whom JUSTICE THOMAS joins,and with whom THE CHIEF JUSTICE joins as to Part I,dissenting.
    This case is about power in several respects. It is about the power of our people to govern themselves, and the power of this Court to pronounce the law. Today’s opinion aggrandizes the latter, with the predictable consequence of diminishing the former. We have no power to decide this case. And even if we did, we have no power under the Constitution to invalidate this democratically adopted legislation. The Court’s errors on both points spring forth from the same diseased root: an exalted conception of the role of this institution in America.”

    Well said.

    • Gay Veteran

      Scalia is an authoritarian, he believes Big Brother can deny married couples the use of contraceptives. Quite possibly one of the most biased persons ever to sit on the Supreme Court

  • lilbear68

    you can never expect a significant vote against the state, regardless of the constitution, from an employee of the state

  • Abaddon

    The fun does not stop here. We still have the Trans Pacific Trade Agreement coming down the pike and the Trans Atlantic Trade Agreement after that. Aaaaah!! It just keeps getting better everyday. Gosh, it is sooo good be alive in Amerika today!! Our founding fathers would be so proud of us.

    • Thomas

      The founding fathers are dead. Get over it.

      • DANA

        But the constitutional republic they built and sacrificed for was supposed to carry on. If you think that what is replacing it is better, you are in for a big surprise.

  • krinks

    The first Supreme Court decision declared without legal precedent was the Separation of Church and State decision. The second was the ruling that removed prayer from schools. To these no one cared. Don’t expect them to care today.

    • Gay Veteran

      so sad you need government to impose your religion on children

      • Guest

        Why stop the downfall of America now!? I would have been more surprised had it not been made legal! Expecting the courts to suddenly do something right?? Don’t hold your breath America…

        • Gay Veteran

          the korporations own the supreme court, just like they own congress and the white house

      • krinks

        Sad you need to invent law out of thin air to hide your lack of beliefs from your children.

        • Gay Veteran

          I believe in the republic, too bad you don’t