The media continues to buzz with the ongoing arguments in the Supreme Court over the Constitutional legality of ObamaCare, with plenty of spins and "legal analysts" opinions – so many it can make your head spin.
Today, according to the MSM all eyes have been selectively turned to Justice Kennedy over his questioning of lawyers with respect to the individual mandate contained within the massive amount of pages of this particular bill.
Yesterday, arguments were heard as to whether or not the individual mandate constituted a tax (forced purchasing would seem to be a tax, but then they can’t rule it really is because Congress passed another law precluding themselves from ever being examined by the Court on their "taxing" authority and legislation to prevent that true legal challenge to the 16th Amendment from ever coming before the Court based on the founders "intent" for taxation in this country).
We have upside down government at this point, with the states also out of Constitutional alignment as the more local government and more accountable to the people and meant to have broader authority over matters deemed necessary by the people in those states.
But the states can also use the Supreme Court for political cases in the whose on first scenarios which have accelerated with the states and federal government in collusion on many of these cases brought in order primarily to set illegal precedence.
Perhaps that is what is going on here.
That and feeding globally focused Wall Street once again at the American public’s expense.
Sort of like that Kelo decision a few years back, also favoring the city/state in property takings for primarily tax revenue gained by the states.
The news has been full of the shift to Justice Kennedy’s arguments and positions regarding the precedence this "law" would set with the federal government unconstitutionally mandating Americans MUST enter into interstate commerce in order to THEN give the federal government legal power to "regulate" (fine) Americans who do not comply.
Basically, sleight of hand legal shennigans are the crux of this "law."
Not to mention the illegality of expanding once again federal powers over "intrastate" state commerce, rather than purely "interstate" commerce – which has progressively occurred due to another questionable Supreme Court case way back when.
This case is a slam dunk for those justices since Justice Kennedy’s positions simply reaffirm the arguments of most of those analysts and the Americans who actually have at least a cursury understanding of the Constitution – and if it is not a unanimous opinion to overturn this law it will just go to further prove how far out of Constitutional alignment this nation has become.
If anything, this would be a state power, not federal, if the people in those states so desired mandatory health care for all state residents – and that, of course, would vary in amounts and such since there are so many states at this point that also are taxing individuals living within their state on BOTH their incomes, and collecting property, sales and other taxes which were meant to provide for lower cost education for the doctors, building and maintenance of hospitals, etc.
But the media needs a "hero" or "villain" to mark, and it has chosen Justice Kennedy for "political" reasons, apparently.
He must have drawn the short straw on this one.
Since ALL those justices should at this point in their legal careers be able to read the clear language of the Constitution, and have had enough American history classes to also interpret the intent of those founders when writing it.
And to my knowledge, that Constitution has not been amended or rescinding by consent of the governed with respect to this legislation – or so many other laws which have progressively been upheld by this body for political reasons.
These political dramas are getting more and more ludicrous each and every day, at this point, if you are over the age of 40.
The war, ObamaCare, campaign finance, please just choose one area where our government at this point is in Constitutional alignment…
The spins continue…and all the suspense is just killing me.
The timing on this also is suspect. No opinion will be released after these arguments for months.
Perhaps either prior to or just after the election, depending upon all the fodder and hype these arguments can be milked for prior to the time those justices deem it is appropriate to inform the American public of their "opinion?"
Maybe that is the point.
To up those profits once again of those health care providers with all the sleepless nights and stomach ulcers this media coverage is contributing to…