Thursday, June 28

John Roberts ... Splits the Baby.

So, if we're in good shape physically,
with no outstanding healthcare needs nor bills,
and we simply choose to spend our money ourselves, rather than investing in the bloated insurance game, then we're penalized with a tax of up to $600 per year for starters...

Law Professor Orin Kerr has a post up:

So Everybody Gets Something

Based on the thread at SCOTUSblog, it sounds like everybody gets something from the Health Care Cases. Liberals get the law being upheld 5-4 under the taxing power; conservatives get the mandate being held beyond the Commerce Clause power.
------------------------



Not everyone, Orin.  The young and the healthy get ... screwed.  We pay a penalty for taking care of ourselves, and investing wisely in our health, rather than in other people's misfortunes.

There's a line in Planes, Trains and Automobiles that gets this one right:  "You're going ... the WRONG ... way!!!"

So, Chief Justice Roberts steps into the political fray to correct the politicians who have assured us since Day 1:  this is not a tax.  this is not a tax. this is not a tax.

But... since it's a tax that won't affect law professors (winners, and yet again:  losers.  Sorry to call 'em as I see 'em, Randy...  I'm sure career publicity-wise, this is a win for you, striking down the "mandate", even though for the paying suckers out here, the distinction financially means squat), and surely won't cost any "extra" funds in the fully insured Robers household, then let's just toss the healthy conservative pay-as-you-go'ers overboard.

They think they got us.
Roping us into their pool, or asking us to pay a penalty.

Trouble is:  plenty of us healthy?  We can swim...


Keep trying, old folk.  You want to rope us into paying for all these entitlements (social security, health insurance bailouts, bank bailouts, remedial slavery actions ...)  but you'll simply never have what we do:

Our Health is Our Wealth.
Tax away, if you must, but remember:  you can never ... redistribute good health.    Now let's all toss back a drink for Ted Kennedy, and whoop it up while there's still time... 

Tomorrow awaits.
Good luck taxing the life out of us.


And a special shout out to Chief Justice John Roberts on behalf of the dissent:  COW-ARD.
(Not sure who got to you, or how, but your legal scholar reputation just bit the dust, surely no surprise you understood that going in, choosing to ... "split the harlot's baby" in a way no Solomon could ever approve.  Hope it pays off for you, the loss of reputation but make-nice compromise in political circles.  You're surely a hero to Ginsburg, Sotomayor, and that Kagan woman.  Hey, some say, if that's the way you're going to play the legal decisionmaking game, she could run circles around you as Chief Justice.  Too bad at this late date in your career, you decided to be radical in embracing a novel argument that was ... pragmatic.  This is your Roe v. Wade -- making it come out the way you want, despite the flimsy legal underpinnings.  A tax, my ass.)