In his opinion, Chief Justice John Roberts stated "It is not our job to protect the people from the consequences of their political choices." Herein rests both the reason for and the solution to Roberts' unexpected ruling.
While now vilified by many conservatives, Roberts may be not a goat but a hero. By siding with and negotiating the best possible deal with the court's liberals, Roberts has placed both President Barack Obama and Obamacare in jeopardy — simultaneously.
With Roberts writing the majority opinion, the four liberal judges automatically agreed with him. They actually ruled that the Obamacare mandate, relative to the Commerce Clause, is unconstitutional. This means Congress can't compel American citizens to purchase anything. The notion is now officially and forever unconstitutional — as it should be.
Next, without the ability to mandate, to fund Obamacare going forward Congress must rely on its power to tax. Any mechanism that funds any part of Obamacare must be a tax. This means that the Senate can overturn any Obamacare funding, or eventually Obamacare in total, with a simple majority of 51 votes.
During the initial Obamacare battles, the Democrats and Obama repeatedly consistently soft-sold it as a penalty, insisting it was not a tax. But when the administration argued in front of the Supreme Court, they said, "Hey, a penalty or a tax, either way — your call."
So Roberts responded: "Well, it can't be a penalty under the Commerce Clause, so it's a tax." And now it's a tax, beyond word play, denials or silly shenanigans. Obamacare must be funded by tax dollars.
Throughout the 2012 election cycle, Democrats must now defend 21 hidden tax hikes, 16,000 new Internal Revenue Service agents, hundreds of new job-killing agencies and regulations, $500 billion stolen from Medicare, and the largest tax increase in U.S. history, all in the face of high unemployment and a $16 trillion national debt.
Next, the Supreme Court struck down as unconstitutional the Obamacare idea that the federal government can bully states into complying by yanking their Medicaid funding. The administration, through Obamacare, was basically telling the states, "Comply with Obamacare or we'll stop your Medicaid funding." By a 7 to 2 vote, the Court told the Feds that they can't tell any state how to run their health-care programs, and if any state refuses one type of money, the federal government can't penalize that state by yanking other funding. Therefore, a state can decline to participate in Obamacare, without penalty.
In summary, Roberts and his "team" of liberals ruled that the government cannot force citizens to purchase products or services under the Commerce Clause. And Roberts manipulated the liberal judges to come clean and admit that Obamacare must be funded by tax increases. Finally, they supported states' rights by limiting the federal government's power over the states.
And this has been done without creating a civil war. The Democrats are happily declaring victory in the Supreme Court battle, not understanding what really been done.
Because this decision, while not guaranteeing a Mitt Romney victory, has energized America's conservative base, along with millions of centrists and independents, to get out and vote Republican in November.
The second American Revolution continues; this struggle a bloodless one to be ultimately won at the ballot box. Those who understand this are the Founding Fathers of this second revolution. And they will now work even more tirelessly to see Republicans win back the White House, and the Senate, and hold the House — and then repeal Obamacare early in 2013. Justice Roberts has placed the future of Obamacare is in our hands, in the hands of we the people, where it properly belongs. He's declared it a political rather than a legal issue. And with the Supreme Court ruling, the probability of congressional Obamacare repeal has increased significantly.
Thank you, Justice Roberts. Brilliant! While most pundits and politicians were playing checkers, Roberts was engaged in a game of chess. With a few brilliant moves he has preserved the Commerce Clause, limited the federal government's ability to coerce, forced Obamacare proponents to come clean and admit the truth about 21 hidden tax increases, defended states' rights and has allowed states to refuse to play in Obamacare.
Finally, Roberts has passed the chess board to the American voters to make one final move and declare "checkmate" on Nov. 6.
And as we now ponder our choices for November, Justice Roberts is saying: "I give you a republic, if you can preserve it."