Chief Justice John Roberts targeted by conservative ire

Suffice it to say when Mitt Romney next talks about U.S. Supreme Court nominations he intends to make as president, he’ll point to Antonin Scalia, or Samuel Alito, or Clarence Thomas.

In this Jan. 27, 2010 file photo, President Barack Obama greets Chief Justice John Roberts before he delivered his State of the Union Address on Capitol Hill in Washington. AP/Charles Dharapak

In this Jan. 27, 2010 file photo, President Barack Obama greets Chief Justice John Roberts before he delivered his State of the Union Address on Capitol Hill in Washington. AP/Charles Dharapak

John Roberts, the surprise swing vote in the court’s 5-4 decision to uphold President Barack Obama’s health care overhaul, has suddenly become persona non grata in certain Republican circles – although friends of the chief justice are putting up a healthy defense. Here’s a quick afternoon breakdown:

From Rush Limbaugh:

”The chief justice was hell-bent to find a way to make this law applicable, so he just decided, you know what, as a tax increase, it works, because there’s no limit on the federal government’s ability to tax….Even when they don’t ask for it, the Supreme Court is gonna find a way to make what they want to do legal because John Roberts said it’s not our job here to forbid this. It’s not our job to protect people from outcomes.”

From Joel B. Pollak at Breitbart.com:

“[It] would appear that the Chief Justice may have succumbed to the bullying meted out by President Barack Obama, who attacked the Court in the aftermath of oral arguments in March, when Obamacare seemed headed for certain defeat.”

Charles Krauthammer at the Washington Post offers a nuanced defense:

“Whatever one thinks of the substance of Bush v. Gore, it did affect the reputation of the court. Roberts seems determined that there be no recurrence with Obamacare. Hence his straining in his Obamacare ruling to avoid a similar result — a 5 to 4 decision split along ideological lines that might be perceived as partisan and political.

“National health care has been a liberal dream for a hundred years. It is clearly the most significant piece of social legislation in decades. Roberts’s concern was that the court do everything it could to avoid being seen, rightly or wrongly, as high-handedly overturning sweeping legislation passed by both houses of Congress and signed by the president.”

From Ezra Klein, also at the Washington Post, though on the other side of the aisle:

“The 5-4 language suggests that Roberts agreed with the liberals. But for the most part, he didn’t. If you read the opinions, he sided with the conservative bloc on every major legal question before the court. He voted with the conservatives to say the Commerce Clause did not justify the individual mandate. He voted with the conservatives to say the Necessary and Proper Clause did not justify the mandate. He voted with the conservatives to limit the federal government’s power to force states to carry out the planned expansion of Medicaid.”

Even the liberal folks at Talking Points Memo are wondering if they’ve been played:

“All five conservative justices, including Chief Justice John Roberts, agreed that the individual mandate exceeded Congress’ power under the Commerce Clause. So all those who thought this case might be the first major retrenchment of Commerce Clause law since the New Deal might still be right.

- By Jim Galloway, Political Insider

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105 comments Add your comment

Serious Robuck

June 28th, 2012
10:07 pm

RAS, no I don’t want the federal government to control my health care, I want Aetna and Blue Cross to control it. They know best. And because they do, their CEOs are paid multi-millions in salary. Let’s let the market decide. Right. Take a pill, buddy, if your insurance will pay for it.

Pete

June 28th, 2012
10:07 pm

JPL, ignorance is rampant on this blog. The whole idea of death panels has been debunked again and again and again, but why let the facts stand in the way of having a stupid opinion? And by the way, thegreatusa, Roberts has shown extreme courage. He knew he would incur the wrath of you right wingers, but voted in the way he believed was correct. It’s those other 4 who are cowards. They voted to appease the right wing nutcases.

Serious Robuck

June 28th, 2012
10:10 pm

I keep waiting for Rush to have a heart attack or collapse in a diabetic coma. Unfortunately, the good die young, not the evil.

honested

June 28th, 2012
10:10 pm

I woke up this morning thinking that roberts didn’t have the nads to do the right thing.

I guess the parable of the broken clock has another usage.

Obama Does It Again. SORRY GOP :(

June 28th, 2012
10:27 pm

@td

June 28th, 2012
8:55 pm
Obama lied and gave the working poor and middle class the largest tax increase in American history and you libs thank him for doing this.

***********************************************

“YOUR” lie ain’t a lie IF “YOU” BELIEVE IT. :)

Obama Does It Again. SORRY GOP :(

June 28th, 2012
10:30 pm

@Serious Robuck

June 28th, 2012
10:10 pm
I keep waiting for Rush to have a heart attack or collapse in a diabetic coma. Unfortunately, the good die young, not the evil.

******************************************************************************

“waiting for Rush to have a heart attack or collapse in a diabetic coma”

OH HAPPY DAY…… :)

OH HAPPY DAY……. :)

Sirl Alot

June 28th, 2012
10:41 pm

Dem’s and Rep’s, there is nothing that we as a “Union” cannot accomplish if we are willing to compromise and work together. When we are willing to see each others side of various issues with respect, when we seek to understand their different positions, only then can we make progress this nation. True, the ACA is not perfect, but neither was the Constitution, hence the amendments. This country is a beacon of light for the world, all nations look to U.S. as the model of democracy, i.e. A More Perfect Union. Let’s not disappoint. Finally, in the immortal words, of the late, great, modern day philosopher, Rodney King, “Can’t we all just get along?”

Kris

June 28th, 2012
10:42 pm

News for all their talking point.
FLIP
I will do on my first day if elected president of the United States, and that is that I will act to repeal Obamacare,” Romney said.
FLOP
Romney has promised to continue some of the law’s
Truth
President Obama said Thursday that the principle upheld by the high court’s ruling is that no American should go bankrupt because of illness.
Amen

I nearly went bankrupt after a fight with cancer. Having insurance with BCBS (pay what they want).
The medical bills were horrible.

OBAMA 2012

Nick c

June 28th, 2012
10:53 pm

you call poeple posting the blog ingorant becuase nothing will change if you already have insurance? wrong! under this monstrosity of a bill, if the government doesn’t approve of the health plan you have, they will change it to THEIR liking and will most likely fine you for it. so yes. this bill has plenty of things that are by and large unconstitutional including the government creating commerce in order to regulate it.

RAS

June 28th, 2012
10:58 pm

Y’all just want everyone else to pay for everything because you dont have f*c*ing jobs. You’re all apart of a pathetic nanny state where you want the rich to pay for everything. I dont know about you, but I want to be rich and I will work my ass to get there, AND PAY FOR MY HEALTHCARE. Quit btching and moaning, while our country goes more and more into debt and our gangster, back room dealing president is laughing his ass off. I can see him right now at the White House, “Michelle, can you believe what those dumb@ss people believed came out of my mouth today!” Get real, quit drinking the kool-aid Robuck and all you other ignorant, uneducated individuals.

td

June 28th, 2012
11:02 pm

honested

June 28th, 2012
10:07 pm

And show us a government program that actually has been successful without massive additional spending. The nasty profits you talk about are nothing compared to the massive debt we are amassing due to all these government programs that are not working.

Here is something for you to ponder. We are almost spending almost 100% of every penny we produce in this country on government every year. This does not count the unfunded liabilities we have in the future. How are we going to pay for this?

Reality

June 28th, 2012
11:13 pm

I’m independent on politics. Folks we gotta admit EVERYTHING the government is involved in is BROKE. Food stamp program broke, wellfare program out of money, U.S. Post Office broke. Do I need to go on? I have a son and nephew out of work for months. They have no medical coverage. So I can see a good side to the healthcare bill. I just don’t know enough about the bill to make a intelligent decision. I must also mention that one calling Fox network watchers ignorant, the same thing can be said about MSNBC commentators. They like Fox are bias as hell the other way.If you can’t see that you’re BLIND.

ld

June 28th, 2012
11:33 pm

All those Independence Day BBQs to which the Chief Justice was invited have just changed the main course which is to be grilled.

WAW

June 28th, 2012
11:36 pm

The winner today was “one nation under God, indivisible, with liberty and justice for all”. We repeat or say these words and only occasionally do we have the opportunity for them to flash before us. Today they did. Our nation is a nation of laws. Now we might not like a law and are given recourse by the law itself. We have had contentious process in the past but the law of this “one nation under God” has prevailed.

Someone mentioned the Bush – Gore ruling. There was also the Voting Rights Act. School integration. It doesn’t take long to list several rulings that have shaped that “liberty and justice for all”.

My point to ponder is this: Have you ever noticed that once a man is sworn in as President, he is forever changed. Of the living Presidents, they all respect each other, and while they may disagree, they always yield to the office. I submit that the same is true with the Supreme Court Chief Justices and that today John Roberts joined that special group of men who are called upon to put the law of the land first.

We can vent here thanks to Mr. Galloway. Rush can earn his millions being a colossal jerk. Members of Congress can act like kindergarten children. But Presidents and Supreme Court Chief Justices have accepted the responsibility of that “one nation under God, indivisible with liberty and justice for all”.

Kris

June 28th, 2012
11:52 pm

More than just words.

@ WAW I agree!
The next time the politicians utter the pledge. They should think what they are saying! What it means.

“I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”

OBAMA 2012

yuzeyurbrane

June 28th, 2012
11:54 pm

The worst is yet to come for the Republicans. The public, including healthcare providers, is going to like Obamacare so much that the Republicans will again be relegated to the permanent minority party they deserve to be. Let’s face it, the country has always been better off when the Republicans stayed in their country clubs. They hate government so why should we expect them to know how to govern? It is particularly ironic that the word “Obamacare” which they coined to be derisive will now be used as an affectionate monument to President Obama’s greatest accomplishment–affordable, quality healthcare for all Americans.

M

June 28th, 2012
11:54 pm

This tax- that Republicans are frothing at the mouth about- will concern only 1% of the American public once the bill is fully implemented. The most tax (i.e. penalty) that these freeloaders will ever have to pay is $679. The Freeloaders don’t have to pay anything- if they decide not to come to the Emergency Room.

Quit watching Faux News- you idiots!

Intown

June 28th, 2012
11:56 pm

The Supreme Court pulled a hat trick this week for the forces of good: (1) denied petition to hear AL and FL water wars appeal; (2) struck down most of the AZ immigration law; and (3) upheld the Affordable Care Act. Not bad for a court packed with Federalist Society hacks. Props to Kennedy and Roberts for crossing the ideological divide and to the “liberal” minority for sticking to precedent.

Southern white boy

June 29th, 2012
12:07 am

RAS, you should insulting and start thinking. In the current health system you wont be able to buy insurance if you get sick. No insurance company will sell you a policy. If you are fortunate to be healthy and get coverage, some faceless drone who works for the insurance company and who is incented to hold down their costs and maximize their profits will decide what procedures you get, when, where, and how much you pay. With the new bill, they cant discriminate against you for bad health, drop or cap your coverage, must spend at least 80 percent of their expenditures on health care and have to cover preventive health services. This is a good thing, not bad, and i say this as an educated fully employed individual who is tired of paying for the health care costs of those who dont get covered.

HELP ME, MAMA

June 29th, 2012
1:16 am

See what happens with Republicans is when one of their own stands up on a real principle (i.e., analyzing the law) and expresses an opinion in opposition to the party line, he/she becomes an outcast, a traitor, a fool duped by a left-wing cabal. Everyone forgets that when George Bush and the biggest thief ever, Dick “I Take Good Care Of My Fiends” Chaney, were marketing Justice Roberts before the US Senate as the Second Coming of Christ, every conservative was so happy with this judge who said he saw himself as “a referee.” Well, that’;s exactly what he did in this landmark opinion. He didn’t create some new body of law or new direction in th elaw of the land, He simply read the current tax law. And what happens? Whacked-out right-wingers like RAS have hissy fits and just don’t know what to do. Well, Tsk, Tsk, Tsk !!! Be proud that one of these clearly conservative justices had the balls to do what the other 4 wouldn’t or couldn’t do, and just read the freaking law.

FireWithFire

June 29th, 2012
4:35 am

I don’t know how long it will take for people in this country to end the denial and acknowledge that RACE and ETHNICITY trumps everything! This is the very RAS can no longer contain himself and has been reduced to hollerin’ and cussin’. He is making it crystal clear in his posts. You see…people lime him tend to put a FACE on what and who they think this law is really all about – “illegal aliens” and “Blacks”. These are people whom they in their feeble minds come to believe through their xenophobic programming just don’t have the capacity or reality of holding jobs. There is not a single “Black” in this country who actually PAYS taxes or goes to work everyday to “produce”. See…these people like RAS seem to think that they have somehow magically acquired something that these “non-producers” want to “take from them”. RAS don’t wanna give “them” folks nuthin’!!
Nevermind the fact that it’s RAS’s neighbors that are “shopping” at the food pantry, or his 23 year ild meth addicted neice laid up in the ER with no insurance after a John tried to strangle her to death on a “date”…or even RAS’s old lady who carries an EBT/SNAP card in her OWN purse! Just don’t give “them” nuthin’! THAT is REALLY the way RAS sees it.

FireWithFire

June 29th, 2012
4:44 am

And RAS, stop being a “wannabe”. “Wannabes” really are pathetic people because they are also often PRETENDERS. If you need that stinky little 2 cent greenbacked “blow snorter” to be rich in life, life was over for you a long time ago. One thing will forever hold true – people’s “love” and obsession with money IS the root of all evil.

Buckhead Boy

June 29th, 2012
5:41 am

Wonder how many of the 12.8 million of us who are about to receive the $1.1 billion in refunds from our health insurers mandated by the Medical Loss Ratio rule of the Affordable Care Act will find that mandate so obnoxious?

Frederick Douglass

June 29th, 2012
6:34 am

Did anyone wake Clarence Thomas up to tell him about the ruling?

WAW

June 29th, 2012
7:02 am

RAS – It Governor Romney going to stand in the hospital door? That idea didn’t work. Ask George Wallace.

Ronnie Raygun

June 29th, 2012
7:25 am

So now the mandate is a “tax” on deadbeats who can afford health insurance, but refuse to buy it so the rest of us can pick up their tab.
No wonder the cons have their panties in such a twist. They are the deadbeats sponging off of those of us that work for a living.

BitterEXdemocrackkk

June 29th, 2012
7:27 am

Wonder how GWB is feeling today? Like a FOOL ?

This too will be overturned.

WE the PEOPLE MUST OUTLAW and ABOLISH the TWO MOST EVIL FORCES that CONTROL us, the party of SLAVERY and the party of EMANCIPATION. Each is TOO EVIL to continue in America.

carlosgvv

June 29th, 2012
7:33 am

Since there’s such debate and disagreement about this issue, why not just give the people the same kind of insurance coverage the Supreme Court has?

zeke

June 29th, 2012
7:55 am

thank consservatives for individual mandate, the heritage foundation floated it many years ago. something about personal responsibility though it took more of a catastrophic slant. ras you don’t know squat.

[...] Atlanta Journal Constitution (blog) [...]

Truth-O-Meter

June 29th, 2012
8:01 am

Until the Conservative congressmen who oppose the law give up their cushy government-taxpayer-paid insurance in solidarity with all those not insured don’t believe squat when they talk.

Tea Party members should ask themselves the question why are they paying for members of congress to have something no one else has a right to have.

honested

June 29th, 2012
8:05 am

td,

from 11:02 last night.

What a predictable response.
You can’t refute what I posted so you pulled out your wrong-wing talking points handbook and jumped to deflection.
I realize we have too much debt, that is why I fully support cutting ALL military industrial complex spending by 60% and increasing the marginal Federal income tax rate back to 42%, considering ALL sorts of income (inheritance, dividends, gambling proceeds, etc.) as income and taxing it accordingly.
What would you do other than expect all Americans to sit quietly and behave like serfs?

adam

June 29th, 2012
8:12 am

Dear Party of No, the same party that gave us Ronbo, Poppy Bush, Lil Bush, Palin and a Speaker named Boner……….STOP WHINING AND COMPLAINING !!!!!!! Drop the stupid pledges making the word ‘compromise’ with the other party a sin.

WOW

June 29th, 2012
8:24 am

To say that the mandate is the largest tax increase in history is just plain bull. If you ‘read’ the bill you would see that it is a mandate in name only because it is so low that a lot of uninsured folks will pay that rather than the health insurance premiums. For the bill to have the ultimate success of reducing cost this will have to change.

As for the Chief Justice if the conservatives will again just read what he wrote, he agrees with you on principle, he just said that this should be left up to the wisdom of the voters. Which is what you guys like right? No legislating from the bench…

Attack Dog

June 29th, 2012
8:29 am

Someone wrote that there were racial and bigoted comments directed toward Clarence Thomas. Can someone describe the comments, particularly by Dixiecrats, that have been directed toward John Roberts? Talk about covering children’s ears.

Attack Dog

June 29th, 2012
8:36 am

A recent financial statement on a Georgia regional hospital showed that their indigent care cost last year was $17 million. Grady Hospital’s cost in 2010 was about the almost the same annual amount Dixiecrats have spent lobbying against Obamacare, $220 million. They us again, who pays for the indigent care costs?

Attack Dog

June 29th, 2012
8:39 am

The next time a Dixiecrat complains about the left-wing name calling, refer them to the nearest right-wing website and look under John Roberts. SMH.

honested

June 29th, 2012
8:40 am

Attack Dog,

Pick me, pick me!!

Who pays for the indigent care costs?
EVERYONE ELSE!
It is insane we have had the multi-tiered system in place that refuses properly assess the ‘burden’ of healthcare costs and eliminate the parasitic ‘for profit’ component of money changing that simply INCREASES those costs.

You may not have a tree fall on your house, you may not ‘total’ your car, but you will probably get sick or injured at some point and require medical attention.

How did such an otherwise ‘civilized’ Country miss that point?

Attack Dog

June 29th, 2012
8:41 am

Tell again, who does Antonin Scalia go hunting with now?

TruthBe

June 29th, 2012
8:44 am

This man Roberts has been compromised by the Chicago thugs of campaign Obama.
All of you liberal fools think this obamacare is good for you but you’re too stupid to understand that’s
it about total control of your healthcare. They control your money (IRS), they control your property (Property Taxes), they control your voices (No voice in Government, your so-called elected politicians work for special interest.), they control your freedom of movement (TSA and Homeland Security), and now your healthcare. All of you stupid liberals are SLAVES to Obama and his big brother government. Yes we are now ALL Communist under this racist little dictator.

Dekalb comments

June 29th, 2012
8:57 am

Truthbe @ 8:44

It is amazing to watch the reaction to Supreme Court decisions and opinions of the Justices. When a ruling goes the way one side likes they think the Justices in the majority are saints. When a ruling goes the opposite way then the Justices are vilified.

Now I have followed both Scalia and Thomas over the years and found their jurisprudence seriously lacking, often vindictive and highly politicized. But I accept they are sitting Justices and, absent removal by impeachment, are entitled to their opinion and their vote.

So the same voices that were praising the Roberts court for pulling it to the hard right are now chastising him for one decision.

Citizens United, a decision authored by the Chief Justice, was soundly applauded by conservatives. What we now know is that our elected leaders will be bought and sold by corporate and collective voices that drown out the voice of the individual.

The holding on the ACA, written by Roberts, is now soundly attacked by conservatives. At the crux of the law is a requirement that, because we do not let individuals die without treatment, all persons who are financially able to do so, maintain minimum health insurance coverage. Failure to do so is the imposition of a penalty that is collected in the form of a tax.

I have seen no proposals from conservatives on how they would prevent me from paying a 12-15% “tax” in the form of higher premiums, co-payments, etc. because of the uncompensated care health care providers provide to the uninsured today.

HR Pufnstuf

June 29th, 2012
9:17 am

@ HELP ME, MAMA 1:16a.m.—- I couldn’t have said it better myself!!

Thomas Jefferson

June 29th, 2012
9:21 am

I think what is lost in this discussion is the fact of how do you pay for this. By greatly expanding Medicare which by the way is already broke you have to come up with new ways to fund it. That means there have to be new sources revenue [taxes]. This will be the largest tax increase in the history of this country for minimal results.

There is a reason that people who can afford to come here from Canada,England and other countries that have socialized health care. Where they come from there are long waits for care and it is rationed. The Hollywood elites and all the people in federal office will not be effected by this as they will have the money to go to doctors and bypass the process that the average American will have to navigate.This will be detrimental to the average middle class person who ultimately will pay for it,

Dekalb comments

June 29th, 2012
9:40 am

Thomas Jefferson @ 9:21

I have read most (60%) of the ACA and have not found any significant changes to Medicare other than some needed changes to Medicare Part D. I am very interested in the specific aspects of the law that lead you to your conclusion this is an precedented expansion of Medicare.

I’m sure you can pull out your copy of the ACA and reference it quickly. I have my copy printed and sitting on my desk. I’m sure you aren’t relying on print, online or broadcast media for your information.

zeke

June 29th, 2012
10:08 am

romney comes out against something he did at state level, which makes no sense as people move from state to state, and decries 26 million uninsured and need for protecting preexisting conditions yada yada, but is against the plan and offers no subsititute. does this guy have an original idea other than scavenger capitalism or has he adopted all far right positions (though he is moderate) just to appeal to the far wrong party. obama may be a sell out, but romney is total sell out and makes john kerry look bedrock.

gm

June 29th, 2012
10:51 am

Oh great, the right cares what high school drop out, ex druger, former top 20 DJ Rush scum Limbaugh thinks?
How can man who did not finish high school takes shots at a supreme court judge, and the President of the United States?, this tell you what a buch of twisted minded people on the right

TruthBe

June 29th, 2012
10:58 am

Dekalb comments, What about Kagan’s vote. Kagan should have stepped down and not voted. Kagan voting is a “conflict of interest” in a court of law. She work as the SG on obamacare with the commie democrats. Kagan when to court fighting for obamacare as Obama’s SG in his administration. That’s a clear conflict of interest period. Where are you libs on that one. If a GOP appointed SG turned SCJ did that you and the rest of the liberals would be raising hell about it Where is your outrage on that my friend?

Dekalb comments

June 29th, 2012
11:11 am

Ref Truthbe @ 10:56

You didn’t answer my question to your previous post. Exactly how does the ACA significantly expand Medicare and result in the biggest tax increase in history?

I asked you to reference the ACA so I can read this and become as informed on this as you.

Don’t open the door to conflicts of interest on this one. Justice Thomas’ wife has received over $500,000 in compensation from the Heritage Foundation, a foundation that was heavily involved in lobbying efforts against the ACA. So there is plenty of “conflict of interest” concerns to go around.

But I have my copy of the ACA on my desk just waiting for your answer to my previous question. I will be leaving for lunch in a few minutes but will check back as soon as I return so I can become educated on your Medicare/tax increase assertion.

BIg Hat

June 29th, 2012
11:12 am

Right wingers loved to yell “Love it or leave it” in the ’60s. Now it’s your turn to practice what you used to preach. You won’t be missed.

TruthBe

June 29th, 2012
11:15 am

So remove Kagan, Thomas, and Sotomayor. All have conflicts of interest in this case.