Editorials & Other Articles

Bill USA

(6,436 posts) Fri Jun 29, 2012, 03:12 PM Jun 2012

Roberts can't pass up the opportunity to make a political point in his finding....

Roberts mind-set is revealed in his choice of words in his opinion. He used the term "increasing taxes" when referring to the powers held by Congress. The more appropriate way of referring to this power of Congress is to say: the power to "levy taxes".

<emphasis my own>
http://msnbcmedia.msn.com/i/msnbc/Sections/NEWS/scotus_opinion_on_ACA_from_msnbc.com.pdf#page=64

"The Affordable Care Act is constitutional in part andunconstitutional in part. The individual mandate cannot be upheld as an exercise of Congress’s power under the Commerce Clause. That Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage in it. In this case, however,[font size="3" color="red"] it is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but choose to go without health insurance. Such legislation is within Congress’s power to tax."[/font]

[font size="3"]
If Roberts is pointing out the powers held by Congress it would have been more correctly stated as: "levy taxes", as in 'Congress has the power to levy taxes'. Roberts used the word "increasing" taxes rather than the correct "levy". In the case he was looking at, in fact, it would not be an increase in an already existing tax but the levying of a new tax on those who chose not to have insurance even when they could afford it. Roberts preferred to use the incorrect and hot-button term (to TeaBaggers) - 'increasing taxes' revealing he can't pass up the opportunity to make a political point rather than just considering the constitutionality of the law. [/font]

2 replies

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Roberts can't pass up the opportunity to make a political point in his finding.... (Original Post) Bill USA Jun 2012 OP

nicely done! recommended! Recoverin_Republican Jun 2012 #1

I opposed his nomination in the fall of 2005. Dawson Leery Jun 2012 #2

Recoverin_Republican

(218 posts)

1. nicely done! recommended!

Reply to Bill USA (Original post)

Fri Jun 29, 2012, 03:23 PM

Jun 2012

The political activist is revealed in his choice of words.

Dawson Leery

(19,348 posts)

2. I opposed his nomination in the fall of 2005.

Reply to Bill USA (Original post)

Fri Jun 29, 2012, 03:28 PM

Jun 2012

My position has not changed.

The courts are not in the role of discussing tax "increases", only the validity of the congress's broad powers to levy them.

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