ObamaCare Dissent: 'We Cannot Rewrite the Statute to Be What It Is Not'

Chief Justice John Roberts held in his majority opinion today that Obamacare’s individual mandate may be considered a constitutional tax rather than an unconstitutional mandate.

Justices Scalia, Kennedy, Thomas, and Alito forcefully disagree with Roberts in their dissent. “[W]e cannot rewrite the statute to be what it is not,” the four Justices write. “[W]e have never—never—treated as a tax an exaction which faces up to the critical difference between a tax and a penalty, and explicitly denominates the exaction a ‘penalty.’ Eighteen times in §5000A itself and elsewhere throughout the Act, Congress called the exaction in §5000A(b) a ‘penalty.’”

The dissenting Justices also argue that “judicial tax-writing is particularly troubling,” since the Constitution requires tax bills to originate in the House of Representatives, “the legislative body most accountable to the people, where legislators must weigh the need for the tax against the terrible price they might pay at their next election, which is never more than two years off.”




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18 comments on “ObamaCare Dissent: 'We Cannot Rewrite the Statute to Be What It Is Not'
  1. SirWilhelm says:

    And since the Constitution REQUIRES tax bills to originate in the House, Roberts’s ruling is un-Constitutional, and therefore, invalid! It should not be allowed to stand by the Congress, particularly the House. The Court does not have any means to enforce it’s rulings, and this one has no force, because it’s not valid. If Congress allows this ruling to stand, they allow their power to be eroded, and the balance of power between Congress and the Court will be altered. I believe Roberts, and those that supported them, could be impeached for violating the Constitution, if the Democrat controlled Senate would convict them, which is doubtful. Congress must do something to asset itself, or, it will continue it’s slide into irrelvance, which Obama is accelerating it into.

    • Durntooten79 says:

      I believe he knew what he was doing.  Pelosie declaired it in house and Obama said it wasn’t a tax.

      The situation is back in the house that started it and as always this will go on for a long time with

      ramifications that will effect every tax payer.  It is a wait and see situation.  I could go on but it

      wouldn’t solve anything.

    • ezekiel22 says:

      Roberts did not make it a tax.  He merely clarified it as a tax.  If it had of been otherwise we would have been stuck with this turkey.  As the ruling stands it is a tax and something can be done about it sooner than later.  If it had of been under the Commerce Clause then nothing could be done.  Do not forget that there were limits put on the Medicaid provision that limited the power of the federal government as to what they cannot do!  He put the issue back to us where it should have been in the first place.  
      So what are we going to do?  Sit in front of our computers and carp about it or are we going to drive people to the polls to vote come November?  The choice is ours.

  2. dad666 says:

    Now that the Dumocraps and Obozzo have their TAX INCREASE we should deal with Them accordingly.
    NO MORE!   
    REPEAL OBAMACARE NOW AND THROW THE DUMOCRAPS (MARXISTS) OUT IN NOVEMBER.

  3. Zoniegal2 says:

    I was shocked when the Supreme Court upheld the individual mandate.  Since when is it their job to rewrite a bill to make it fit the Constitution?  It seems that we now have a court who apparently thinks it is their job to make that square peg fit into a round whole.  I think this sets a dangerous precedent.  What else will the court feel compelled to help lawmakers out with to make it fit thus circumventing our established system for such things.  Our government is out of control.  We have a President who has overstepped his bounds many times and now we have a Supreme Court who enables him.  Then on top of that we have a Congress who simply sits by and lets Obama get away with it all.  There has to be recourse in our system of checks and balances when we have a President who is determined to continually circumvent that system. We elected these people to look out for our best interests as a country and as citizens.   Hopefully they will continue to push the Fast and Furious tragedy.

  4. kategray says:

    Roberts has sold us into SLAVERY to BIG GOVERNMENT. It was argued that it was not a TAX. But he decided to call it a TAX. Oh I see you went to Harvard just like the PRETENDER.  You should hang you head in shame because you have not studied the CONSITUTION just like the PRETENDER. You know how bills and laws are made and you ignored the CONSITUTION just like him.

  5. 2 Junkmail Bin says:

    everyone now understand the elections have consequences?????  especially for president.     

  6. jingals33 says:

    The bigger question is WHY! Why did Roberts twist verbage and thinking to do this?

  7. GunnerO6 says:

    Why was Chief Justice Roberts being kind to “We the People” when he twisted Obamacare’s verbiage from a mandate under the limited “Commerce Clause” (read the Federalist papers for its true meaning) to a Tax?  So, in trying to be sly as a Fox, Roberts saved the Court from making a partisan political decision?  Answer this if you can — If the Partisan Democrat (Progressive-Marxists) members of the Court held the majority, do you really think they would save the reputation of the Court the way some folks say Chief Justice Roberts did?  Not on your life!  They would cut the throats of the Conservatives Justices at the first opportunity.

  8. AmericaFirst says:

    Well lets start writing the Speaker of the House and let him know they have to reppeal what the Supreme Court Roberts wrote, in that he didn’t have the power to rewrite Obamacare into Obamatax.

  9. sean murry. says:

    Repeal this cancer called obummercare.

  10. MEG says:

    This is like a twisted plot in movie. We will have to wait and see……………it’s not over yet.
     It’s one of two; Roberts either handed us socialized medicine or his move was ingenious, don’t know yet.  
    There is more to it and the outcome is still to be determined. We must stay on our congress.  
    VOTE!

  11. Garydrhodes says:

    I say we should repeal and replace every congress-critter that has voted in opposition to the clear meaning of the Constitution. That would be most Republicans, the one’s that are quick to send our military into harms way without a vote, and all of the Democrats.
    We need to learn the true reasoning about the intentions of the Constitution from it’s authors,and we need to teach our kids the merits of freedom and limited government.

    • Conservative says:

      Which republicans were quick to send US troops into war without congressional approval?  Do you want to wait till foreign countries attack us?  The liberals have spewed all the lies about republicans being war mongers to hide their abortion agenda.  Many more Americans have been murdered in abortion clinics than killed on all battlefields combined. 
      We also need to learn true United States history, which is no longer taught in our government run public schools.
      The liberals are running around trying to reason the constitution out of existance.  We need only to read it and understand the American English language.  It is a very simple document which does not need interpretation.
      It becomes very clear upon reading the United States constitution, that it was written by very wise Christian men.  The liberal party is of the devil and have attacked it and will continue to attack it because Christian values are foreign to them.  They call right wrong, and wrong right.  They are diametrically opposed to all things which include God. 

  12. Schnable says:

    Well, the course is clear then, VOTE against all the members of the House and the Senate that voted FOR this massive tax iaw.    Romney has vowed to repeal the law as soon as possible, but he can’t do it without a Republican majority in the Senate.   We need four more votes in the Senate to repeal this law under Romney.   Vote against every Democrat Senator who is up for reelection in November.

  13. bigjack1 says:

    Roberts and the other liberals on the court wrote and made law which is not their role. This is in itself is against all that our founding fathers desired in my opinion. Our chance to remedy the situation comes in November. Democrats and the Obama administration pushed and finagled this bad law on us, they should be held accountable.

  14. Princeton67atCoxdotnet says:

    Let me tell you how it will be
    There’s one for you, nineteen for me
    ‘Cause I’m the taxman, yeah, I’m the taxman

    Should five per cent appear too small
    Be thankful I don’t take it all
    ‘Cause I’m the taxman, yeah I’m the taxman

    If you drive a car, I’ll tax the street,
    If you try to sit, I’ll tax your seat.
    If you get too cold I’ll tax the heat,
    If you take a walk, I’ll tax your feet.

    Don’t ask me what I want it for
    If you don’t want to pay some more
    ‘Cause I’m the taxman, yeah, I’m the taxman

  15. Ewatson7 says:

    This is a job  for each of you who aare responding to this blog.  Write YOUR senator and congressman/woman and:

    A Call to Action

    As a constitutional lawyer – which I am not – I find the decision handed down on 28 June 2012 a farce.  Where in the constitution does it allow even the Supreme Court to MAKE law?  That is what they did in my view.  It should have decided that if the “mandate” was in reality a tax, then the congress must vote on the law again noting that it is a tax, not this mandate joke.  It is not in the pervue of the court to make law and that that is precisely what they have effectively have done.

    It is my belief that we MUST take the following action.

    1. Obtain a listing of every representative and senator who voted FOR the Affordable Care Act.
    2. Each of us must write our representative and senator and firmly request that they re-affirm their vote in the light of the argument that was presented to the SCOTUS.
    3. For those that will NOT so affirm, DEMAND that each of them state their reason for not reaffirming their vote.

    We can then tally the true vote of OUR representatives and take action to bring this farce to the attention of the rest of the country.  Since the MSM will most likely not publish the results a fierce email, Facebook and Twitter campaign must be waged.

    It is imperative that this campaign be conducted with all haste to be effective in time for the general election.  Think Patrick Henry.