“As a matter of policy, moreover,” Kagan writes that she “sees presidential supervision of federal agencies ‘as a mechanism to achieve progressive goals.”
It is obvious that Justice Roberts, President Obama, and the Democratic Congress believe the average American is no better than a perp in an interrogation who has no expectation of being told the truth.
The government can do anything they want and if you don’t do as they say, they will “tax” you. A tax can now be used to penalize and coerce. Oddly, Justice Roberts does not see taxation used to coerce as a penalty.
The Democratic Congress and Obama steadfastly maintained that the individual mandate is not a tax, yet it was approved as a tax, with Justice Roberts giving the most incoherent opinion.
On March 26th, the Solictor General was asked by Justice Alito if the individual mandate was a tax and he said “no.”
If the answer had been in he affirmative, the case would have been thrown out then-and-there because the anti-injunction act requires SCOTUS not rule on a tax until it has been levied and collected.
Justice Roberts, in his decision, rewrote the law, ignoring the law as it was written.
I think it is very clear that Chief Justice Roberts wanted to avoid the outcome of taking the whole law down,” said former Florida attorney general Bill McCollum, who filed the first lawsuit on the day the law was enacted in 2010. He called the ruling “very contrived.”
Perhaps Justice Roberts heard the intimidating remarks by President Obama and Socialist Patrick Leahy and thought he was protecting the court’s integrity with his confused opinion. Most likely, he wanted the bill for his own reasons. Unfortunately, he did not protect the integrity of our Constitution or the rule of law. He did not protect the American people from a government out of control.