The Obamacare Decision’s In. What’s Next?

Chief Judas John Roberts

Well, as I noted in last week’s essay, the stunning decision of the Supreme Court (SCOTUS) was handed down last week on the Obamacare challenge, and Chief Judas Roberts – traitor to the Constitution and conservative principles – has granted the Federal Government expansive new powers to regulate behavior through the power to impose taxes; not only on what you actually do, but also on what you don’t do.

Another aspect of this new authority is that since exercise of this power is through the taxation process, such laws don’t require the usual 60 votes in the Senate required for most bills. It’s tax law, and as such can be passed by a simple majority in that chamber (as has always been the case with any law in the House). Thus has SCOTUS ruled.

That means that come November, if the GOP retains the House, wins the Presidency, and holds 50 seats in the Senate after the election (Romney’s VP would give the GOP a Senate majority as President of the Senate), they’ll be able to pass any such law they want without any fear of it being blocked by the Democrats (in the exact same manner as Democrats enacted Obamacare in the first place).

This does open up some interesting possibilities.

I’d like to propose a law that requires every eligible adult to own a gun. This would accrue a benefit to the country under the General Welfare Clause, as statistically it’s been shown that the more law-abiding citizens own guns, the lower the crime rate is. Further, gun ownership is actually a right enumerated in the Bill of Rights, as opposed to “healthcare”. Anyone who refuses to own a gun would see a “tax surcharge” penalty on their federal income taxes.

How about an abortion tax? You’d still be able to exercise your “right” to abort your baby; you’d just be dinged a few thousand bucks in a “tax surcharge” if you did it. There’s no doubt this would accrue benefits to the country’s “general welfare” as it will cut into the numbers of unborn babies slaughtered in the womb, not to mention the benefits accrued to the babies themselves. And think of the added revenue!

There are endless possibilities, and the limits have been removed. Get together with your friends. Think up a policy you’d like to see enacted. Turn it into a drinking game!

Then raise a toast to our socialist countrymen who have given us this wonderful opportunity.

©Brian Baker 2012

176 comments on “The Obamacare Decision’s In. What’s Next?

  1. slowcowboy says:

    Another aspect is that coming up soon will be the arguments of DOMA in front of Roberts and the rest of the Court. With his effort to stress the Court’s desire to uphold Congress, is he allowing room to uphold DOMA?

    Asto new policies, how about every person own a Bible, or be fined, err, taxed $10.00.

    • BrianR says:


      There ya go, Cowboy! Round One’s on me!

      • slowcowboy says:

        Yeah, I have not thought much about this since the ruling last Thursday. Pissed me off too much. But I, too, have been imagining ways in which this can be enforced, and you are right, this can be used to benefit conservatives. Is it worth it, though? I say a resounding no.

        (BTW, I am VDad, in case you forgot.)

      • BrianR says:

        Oh, yeah, VDad, I know it’s you. It’s always great to have you take some time to comment here, man.

        I agree with you, on several levels. I actually wrote this essay as satire or irony (I can’t decide which). I’m not seriously proposing the idea. I think it’s a terrible idea on principle, and doesn’t get any better just because OUR ideas are forced on people this way. It won’t make garbage smell like Chanel #5, no matter what.

        Further, we’d be abandoning our own constitutional principles if we played the socialists’ game.

      • slowcowboy says:


        What’s worse is that this will have to go before the Court again to clarify exactly what is meant. This means we will have some tax/penalty/fine/whatever the hell its called be put upon us, which means more Congressional battles over what is appropriate and what isn’t, which means more division there and in the general public. The US Congress can tax too large sodas, failure to buy veggies, failure to join a gym, etc. Each of these, and more, will be fought tooth and nail. And then we have to repeat what we just went through.

      • BrianR says:

        Yes, exactly! It’s a Pandora’s Box.

        Then, of course, there’s his absurd statement that “the power to tax is not the power to destroy while this court sits”. So, I guess from now on we’ll have to have SCOTUS determine, on every single tax bill, whether or not THAT particular tax is “onerous” or not. Whether it’s justified or not. Whether it’s appropriate or not.

        As we’ve agreed, one of the STUPIDEST decisions ever.

  2. says:

    Is there any…ANY…possibility Roberts sacrificed his reputation and creer upholding Obamacare to galvanize the conservative vote and springboard the GOP come November?

    • BrianR says:

      Buck, IMO, absolutely none. No way at all.

      First of all, who in their right mind would play such a dangerous game? What happens if it doesn’t work? Secondly, even if he did, it still just makes him a political whore sacrificing constitutional principles for political expediency. Third, it’s too abstruse a concept. Lastly, I’ve read too many credible sources who know Roberts who state that his big concern was public perception of the Court’s stature, and this was his way of trying to demonstrate “impartiality”.

      Sacrificing his (and the Court’s) credibility and duty to uphold the Constitution simply to polish his legacy as Chief Justice. Amazing. I guess there’s a secret scorecard somewhere: too many pro-Constitution decisions, and the Constitution has to take one for the team for “fairness” to the other side.

      Roberts is a moron. And a whore.

    • slowcowboy says:

      Howdy Buck. VDad here, its been a long time.

      I agree with Brian, though I do not have the information on Roberts personally. But reading through the opinion and looking at the whole, I sincerely think Roberts was trying to appease everyone with this decision. He shut the commerce clause door pretty hard. Its still there, but we now have at least one defined limit on what cannot be regulated: not engaging in commerce cannot be regulated. This is a big conservative victory, as is limiting how much Congress can bait the states into action. (I also wonder if he is setting the stage to uphold the Defense of Marriage Act, which is almost certainly going to come to the Court soon.)

      But on the other side, he’s opened the door for further regulation via tax, which makes the left happy.

      Everyone should be satisfied here.

      He’s developed a twisted and very dangerous situation wherein Congress can tax us on most anything, as long as it is a tax and not penal in nature. But what the heck is penal in nature? Monetary fines are very different things to different people. A $20k fine to a football star is nothing but a slap on the wrist, but to someone making $100k its 1/5 of their income. And so on down the line with amounts of money. Defining what is penal or merely a tax is not going to be easy to flush out, and it will have to be flushed out in time.

      So, while he’s trying to make everyone happy, he’s created a terrible situation.

      I think someone is going to develop some scheme to literally reenact the Tea Party from Revolutionary Days. What Robert’s created is a situation eerily similar to what was going on in the 1760’s/1770’s.

    • Gray Ghost (Mississippi) says:

      If Roberts “sacrificed” his career to galvanize the Conservative vote, then Benedict Arnold committed treason to “galvanize” the Patriot Cause.

      My comparison of Roberts and Arnold I believe are appropriate.

    • thedrpete says:

      If Roberts made a political play — and I cannot make the argument — you’d have to say he tried to de-energize Obamaites enroute to November while energizing conservatives on said journey with his motivation being payback for the insulting snub of the Court by the prexy during the State of the Union address.

      • BrianR says:

        I guess if you WERE going to make that argument, that’s the way you’d do it. There are certainly enough fall-in-line GOP hacks trying to do exactly that.

        Like you, I’m not one of them. As Gray Ghost wrote, using that logic Benedict Arnold was trying to energize the Patriots.

        Ummmmmmm… naaaaaah….

      • slowcowboy says:

        I’ll concur. It could also be argued that the Dems are now empowered and energized from their newfound freedom to tax. I don’t think Roberts was concerned with that, I do think he was concerned about striking a balance of powers. He just had to perform some mental gymnastics to get there.

      • BrianR says:

        Well, yeah. The same “mental gymnastics” the Dems always use in proposing their idiotic laws while claiming some basis in constitutionality.

        Don’t forget: he completely disavowed Marshall’s observation that the “power to tax is the power to destroy” with his arrogant claim that it’s not “while this court sits”. Talk about “mental gymnastics”!!!!!!!!!

        I agree that there’s absolutely NO doubt that the Dems are absolutely slavering over the possibilities this ruling offers. As I pointed out in my last essay.

      • slowcowboy says:

        Yeah, there’s few positives in this ruling. Its nutty. I am still pretty shocked by it. He takes whatever may have been positive and tramples over it by allowing a pretty open door to tax.

        As has been said, the Commerce Clause does not matter, and the baiting of states does not matter if Congress can tax.

        And yes, the Dems will now include some sort of tax to any and all legislation concerning behavior.

      • BrianR says:

        I’m hard-pressed to think of ANY “positives” to the ruling. What are they?

        Good grammar?

  3. Gunny G Alz says:

    Don’t serve in the military? Oh well, pay a tax.

  4. Gray Ghost (Mississippi) says:


    First, a quick question, how does the US Congress (or the voters) “impeach” a sitting Supreme Court Justice?

    Secondly along the lines of your article, how about a tax on elected officials? Everytime some one is elected to a public office they have to pay a tax of varying amounts according to the public office they are elected to.

    Obviously the tax on the mayor of Clarksdale, MS, would be lower than the tax on a US Senator from California. The tax on the office of POTUS would need to be at least one trillion dollars, maybe more.

    The tax would be yearly and used to payoff the US debt. Additional taxes could be assessed if the budget that the elected official controlled went in the “red”.

    I think this type of tax has possibilities.

    • BrianR says:

      Gray, I believe removal falls under Art. 1. Sect. 4.: “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

      I believe SCOTUS Justices are “civil officers”.

      As to taxes on government officials: why not? According to Roberts, there are no limits on what can be “taxed”.

      I think our beloved Governor, Moonbeam Brown, should be taxed the entire amount of our state’s deficit. That’s about $20 billion/year.

      Looooooooove it…..

    • slowcowboy says:

      What would Geithner pay?

    • Nee says:

      I was going to post a similar thing about impeaching. The only Justice ever impeached was Samuel Chase for having political beliefs. And it was ruled that a justice cannot be removed simply for having a political leaning.

      However, as we see with Roberts, he was clearly influenced by the media to change his mind in hopes of keeping some sort of favor. If popularity is what he seeks, then he needs to resign. A person who cannot objectively rule and live with the consequences should never be allowed to rule on anything. Period. He really blew it, no matter if he forces the hands of others or not. This is not acceptable.

  5. thedrpete says:

    BrianR, you’re a sick individual. Probably why I like myself so well when I’m shaving. Others here won’t get that, but you will.

  6. slowcowboy says:

    Hey all, just an FYI, I (Virginia Daddy for those from the Townhall days) had started to begin posting again at wordpress about 6 months ago, but have not written anything there since actually creating the site. I just posted something there, a welcoming post, if you will.

    The site is:

    Come on by, if you’d like. I’ll try to post regularly.

    Forgive me for the self promotion…

    • BrianR says:

      Out-frikkin-standing! And LOOOOOOOOOOOOOOOOOOONG overdue it is!

      Self-promote all you want. You know I encourage shameless plugs here.

      I’m gonna be right over, and am looking forward to it. I’ll also put you on my Blog Roll.

  7. CW says:

    “I’d like to propose a law that requires every eligible adult to own a gun.”

    I love it!!

    If I were in congress I’d propose it just to make a point and if it passed, all the better.

    I started to say I want to see a tax on people who produce babies out of wedlock, except I was struck by the irony that – just as with healthcare – if our progressive gov’t would simply stop taxing OTHER people to pay for irresponsible behavior, 90% of our problems would be solved. We couldn’t have that, could we?

  8. says:

    Back to subject of a Constitutional Convention to redifine the Constitution in two syllable words so some folks who should, but don’t, understand the wording.
    Specially to be redifined would be the Second Amendment.
    What was the cry in the late 1700’s?
    Something like, “No taxation without representation!”?
    If Congress did not pass this “tax” how could a judge declare a “tax”???

    • BrianR says:

      Yeah, Buck, funny how that happens, huh? The Chief Judas made up something out of nothing. Just like the Roe decision.

      Y’know, what you wrote about two-syllable words in redefining the Constitution brings to mind what I was taught about it; that the Founders wrote it in language that was clear and easy for the common man to understand.

      I guess that speaks to the dumbing down of America…

    • slowcowboy says:

      What’s worse to me is that he first had to say it is not a tax before calling it a tax.

  9. says:

    Brain fart.
    The Second Amendment is argued, by the anti-gun nuts, as providing for a milita. Fine and good except they are misunderstanding “milita” as in the 1700’s the “milita” was the townspeople. It is NOT a national guard or army reserve unit.

    • BrianR says:

      Well, here’s the thing. According to EXISITING US law,

      10 USC § 311 – Militia: composition and classes

      (a)The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

      (b)The classes of the militia are—
      (1)the organized militia, which consists of the National Guard and the Naval Militia; and

      (2)the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

      That’s the law that’s ON THE BOOKS. So, you’re a member of the militia if you’re a male citizen (or someone legally applying for citizenship) between the ages of 17 and 45, or a woman who’s in the National Guard. Which is pretty much everybody who’s law-abiding. NOT the National Guard or state militias (whatever they are) that the socialists always like to point to.

      Now, I guess you could say the law’s discriminatory based on age or sex — no one under 17 or over 45, and women aren’t members unless they’re in the National Guard — but THAT is the current law as embodied in the US Code, the enabling legislation for the US Constitution.

  10. clyde says:

    Great essay,and some excellent comments. I,however,am going to your parting sentence. Instead of “Then raise a toast to our socialist countrymen who have given us this wonderful opportunity.” This should read: “Then let us toast at the stake the damnable socialists who betrayed our country”. There. Fixed it for ya! Have a great 4th.

    • BrianR says:

      LOL, Clyde!

      Thanks for the kind words, and I agree on the comments. Some truly amazing folks stop by.

      I LOVE your “fix”!

      Have a terrific 4th, my friend.

  11. jevica says:


    What is that weapon you are posed with? Is it yours?

    • BrianR says:

      Hi, Jev.

      Yes, indeedy, that is part of my personal arsenal. It’s a Mossberg ATR in .308 Winchester, with a Harris bipod and BSA Platinum 8-32X44 mil-dot variable power scope. I can hit dinnerplate-sized clangers all day long out at 800+ yards.

      I guess that’s one of those “sniper rifles” the socialists are so scared of. I’m sure it should be “banned”…

  12. jevica says:

    These Clueless Republicans Must Stop Ignoring the Substance of This Unconstitutional Obamacare Disaster

    Stop with this tax not a tax the PSP has to focus on the fact that this O-care law is really going to mess up this country. We are left with this Fu—d up health care law and a broken Constitution.

    This law will destroy what I believe [and is] the best health care in the world, but will not be after [if] O-care takes full effect.

    • BrianR says:

      Jev, I couldn’t agree more. It not only destroys the Constitution, it completely destroys liberty. If the government can use the power of the tax to coerce its citizens, absolutely NOTHING is safe anymore. That’s total dictatorial power, without restriction. I’m completely befuddled as to how the GOP hacks who keep trying to defend Roberts can’t see that!

      There are none so blind as those who will not see.

  13. jevica says:


    Romney Must Make This Election About Obama, and Focus on the Economic Reality of Obamacare

    They can’t be nice guys like they did in 2008 [Mr hands across the asile], they have to stick it to BHO and the Democrats about the economy, and how bad O-care will make it.

    BTW RIP Andy Griffith

    • BrianR says:

      Jev, I completely agree. This is CLEARLY a case where nice guys finish last. Where did the GOP ever get the idea that they have to play patty-cake with the other guy? Reagan sure didn’t.

      Romney should use the same theme, too. “Are you better off than you were four years ago?” It’s just that simple.

      Yeah, I heard he died. I hear he was a nice guy, but I was never a fan. I didn’t like either of his shows; the Mayberry one or Matlock (or whatever it was called). But of course; RIP.

  14. jevica says:


    “8,733,461: Workers on Federal ‘Disability’ Exceed Population of New York City”

    From CNS News.

    “( – A record of 8,733,461 workers took federal disability insurance payments in June 2012, according to the Social Security Administration. That was up from 8,707,185 in May.

    It also exceeds the entire population of New York City, which according to the Census Bureau’s latest estimate hit 8,244,910 in July 2011.”

    How many of them are voters along with many more non producers.

    That’s just federal disability insurance.

    • BrianR says:

      Yup. It is surely problematic. But it’s not necessarily as bad as it may sound. I’ll use myself as an example.

      I’m actually retired on disability. I paid for years for a private disability policy through my employer, and then actually became permanently disabled. BUT, one of the requirements of all existing private disability policies (as far as I know) is that you’re REQUIRED to apply for Social Security Disability, because assuming it’s granted (which it will be if you’re truly disabled) the private carrier gets to “offset” (or deduct) the amount Soc Security pays you from what the private insurer pays you.

      Does that make me a “dependant” on the goverment? I guess it does, but not because I CHOSE to be, because I paid premiums for years for PRIVATE disability insurance. I was FORCED to go on Social Security Disability.

      And I’m just as conservative as I ever was, including fiscally. They could discontinue SSDI tomorrow, and I’m fine with that, because I paid for the private insurance so I’d still take home the same amount. I’d bet there are a lot of people in exactly the same situation.

      So… if the socialists are hoping for MY vote, they’re in for a BIG disappointment!

  15. jevica says:

    These “State Exchanges” Are They Going to Be Run Like a Health Care DMV?

    BHO shifted big expenses to the states [who don’t have the $$$ to pay for it [and can’t print it like the feds]. Quite a few govs are not setting up these exchanges thru Medicaid the law calls for, so what can the feds do?

    • BrianR says:

      Well, that’s the part of the law that SCOTUS invalidated. The states are off the hook if they don’t want to participate.

      Yet another failing of Obamacare.

      • jevica says:

        About the only good thing that came from it.

        Yes I’m aware of it, and as I tried to say many seem not to want to participate.

      • BrianR says:

        Yep, and good for them. That’s what I was trying (poorly) to say. That’s another area where Obamacare’s going to fall apart, as it should, because many states are going to refuse to play ball.

  16. jevica says:

    “The amazing number of people who know nothing about the health-care ruling”

    These are the fools who are going to vote for the next POTUS. No wonder we get people like BHO. People are not all like us and follow this stuff all the time.

    As someone comments if they don’t follow about health care ruling, then they really don’t know about F&F.

    Happy 4th to you and the family.

    • BrianR says:

      I have to say, I don’t find that at all surprising. It’s been my observation that most people really don’t pay much attention to politics until the summer preceding an election… if at all. They’re just not political junkies like we are.

      That’s one of the reasons I’ve constantly repeated to people who were so frustrated with Issa’s pace on the F&F issue that they needed to keep in mind that timing is everything, and that it would be THIS summer before they really acted, in order to achieve the maximum mileage from it before the election, when it would mean the most.

      If Issa’s committee had gone for contempt back in, say, December, it would have all blown over by now with no one even thinking about it anymore. A complete waste of time and opportunity.

      Happy 4th to you and Mrs. Jev, too!

  17. Hardnox says:

    Good essay brother.

    Here’s a shameless plug and departure from seriousness:

  18. BrianR says:

    Yep, he definitely blew it with the Chief Judas and Harriett Meiers, though he did get it right with Alito. Must have been pure dumb luck. That’s the problem with “compassionate conservatives” AKA “moderates” AKA RINOs (thought the “R” in that acronym sure has a branding problem lately).

    BTW, gonna keep it civil this time?

  19. slowcowboy says:

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    • BrianR says:

      Jim! Long time now see. How ya doin’?

      You still blogging?

      I couldn’t agree more with what you wrote; this sure as hell ain’t my Daddy’s country anymore.

      Sounds like a sweet setup on the Mauser. It’s in .308? It’s been rechambered?

      • Jim says:

        Doing well, thank you. Been traveling a lot on business again, haven’t had time to do any blogging as much as I’d love to.

        Ordered the barrel in .308 and bedded it in the stock, reworked the bolt. I have a comp an a silencer for it just to finish out the package.

      • BrianR says:

        Man, that sounds like a sweet rig.

      • Jim says:

        I try to keep up with your blog, but I’m usually reading it on my phone and I hate posting on it (fat fingers).

      • BrianR says:


        Well, I’m the Typo King! But I can correct my mistakes, even after they’re posted, since I moderate this joint.

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  77. clyde says:

    Ever get the feeling you’re being spammed?

    • BrianR says:


      Ya think?

      Actually, there are a TON more I just trash. Some — a very few — I let through. But you should see some of the sites that have spammed me. Eastern European and Turkish “escort services” sites, among others. I mean, c’mon! How much “business” do they think they’re gonna drum up here?

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  83. Connie says:

    I believe what you wrote was very logical. But, consider this, suppose you composed a catchier post title? I mean, I don’t want to tell you how to run your blog, but suppose you added a title to possibly get a person’s attention? I mean The Obamacare Decision’s In. What’s Next? The View from the Island is kinda vanilla. You should glance at Yahoo’s home page and watch how they create post headlines to get people interested. You might try adding a video or a related picture or two to grab people excited about what you’ve got to say. In my opinion, it would bring your posts a little bit more interesting.

    • BrianR says:

      Well, Connie, thanks for the suggestions. I think I’m already doing some of that stuff; my blog’s title has a meaning — I mean, think about it; “The Bible” could probably have a catchier title, too — and I think I do a pretty good job with the headlines.

      But again, I appreciate your thoughts, and I’ll keep them in mind. Thanks for stopping by and commenting.

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  86. This is an awful post

  87. Cherish says:

    I hardly comment, however I browsed some comments on The Obamacare Decision’s In. What’s Next? The View from the Island. I do have a couple of questions for you if it’s okay. Could it be just me or does it look like like a few of these responses appear as if they are coming from brain dead individuals? 😛 And, if you are writing on additional social sites, I would like to keep up with you. Could you list of every one of all your social pages like your Facebook page, twitter feed, or linkedin profile?

    • BrianR says:

      LOL, Cherish!

      I’d never presume to make judgements about whether or not my commenters here are “brain dead”. I’m sure there are plenty of folks out there who think I am, based on my opinions. And you should see the stuff that comes into Moderation as spam. Yikes! Most of the comments that show up for Moderation actually ARE spam, and I just toss them. But I have to read them all, because sometimes there are actual comments buried in there, yours being an example, and I have to fish them out and approve them.

      I’m not on any of the social networks. This takes up enough of my time as it is, and I’m sure no one’s really interested in “following” what I do all the time. But I appreciate — and am flattered by — your interest. Thank you.

  88. Have you ever thought about including a little bit more than just your articles? I mean, what you say is valuable and everything. However think of if you added some great graphics or video clips to give your posts more, “pop”! Your content is excellent but with images and video clips, this website could certainly be one of the very best in its field. Fantastic blog!

  89. Nice site, nice and easy on the eyes and great content too. Do you need many drafts to make a post?

  90. I gave you a link back on one of my pr6 pages, I hope this is ok.

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