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    Funny how that new judicial restraint works

    Funny how that new judicial restraint works

    The self-delusion that yesterday’s affirmation of Obamacare’s mandate under the taxing power of Congress was a conservative victory continues in full force today.  (See links and quotes at HotAir and Instapundit)

    Judicial restraint now means ignoring the will of Congress as to the purposes and structure of legislation in order to save the legislation from Congress.

    That “restraint,” i.e., rewriting legislative history, terms and purposes in order to save it, was not used to salvage most of the Arizona immigration law.

    Funny how that works.

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    Comments



     
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    Valerie | June 29, 2012 at 11:48 am

    Got something better to replace it?

    Like, rather than creating a structure that will devolve to a single-payor, limited option system like the mess we’ve seen in Canada and the UK, how about a system that encourages the formation and growth of smaller insurance companies, across state lines and competitive nationally?

    You MUST have a better answer, or this law will stand by default.

    As for the delusion at Hot AIr about whether this is a victory for conservatism, I can only point to two instances: the whupping the capital “C” social conservatives got while George Bush was in office, and the utter failure of the capital “C” social conservatives to follow up on a very real win in the immigration debate, with the passage of a useful law, and the spinning of that net failure as a “victory” for “Conservatives.”

    The reasons we have a TEA Party movement include the repeated inability of the Conservatives to push back with reasonably framed, useful legislation on issues that voters recognize to be needed. Another, similar reason is the red-faced screaming of the accusation “RINO” every time a prominent Republican shows signs of pragmatism. (I’ve begun to believe that a lot of that comes from mobys.)


       
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      Valerie in reply to Valerie. | June 29, 2012 at 11:50 am

      Forgot to mention: I hope somebody asks Newt what to do next.


         
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        CalMark in reply to Valerie. | June 29, 2012 at 12:36 pm

        Newt is in Europe right now. He was on Hannity yesterday. He was cool, civil, but disinterested. He gave the impression of near-total detachment.

        After the vicious bollocking he took, I think Newt has largely given up. And who can blame him? As time goes on, the coordinated attacks on him seem increasingly unbelievable.

        As for all the Mittens…I’ll work for his election, but I think he’s going to lose. His response yesterday was timid and tentative. His voice kept shaking. People were shaking their heads after the Arizona Amnesty response, too. Including Rush “Screw Newt–Debates Don’t Matter Against Obama” Limbaugh thought the performance would have been suicidal in a debate against Obama. It’s one thing to trash fellow Republicans viciously with the help of the MSM and Establishment. Playing solo in the Big Leagues seems beyond poor ol’ Mitt. Honestly, I thought we’d get a lion. We seem to have gotten McCain II.


       
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      CalMark in reply to Valerie. | June 29, 2012 at 5:40 pm

      “the repeated inability of the Conservatives to push back with reasonably framed, useful legislation on issues that voters recognize to be needed. Another, similar reason is the red-faced screaming of the accusation “RINO” every time a prominent Republican shows signs of pragmatism. (I’ve begun to believe that a lot of that comes from mobys.)”

      Nasty, nasty.

      I suppose you define “pragmatism” as John Boehner “compromising” by coercing Tea Party freshmen vote for the debt ceiling bill that Boehner and Obama cooked up in private. You know, the bill that gave Obama everything he wanted.

      I suppose “red-faced screaming” was what conservatives did in response to this betrayal.

      As I recall, you’re a big Romney-ite. So, you got your man. His official responses to this week’s two horrible Supreme Court decisions were shockingly weak. (I don’t like him, but always considered him powerful and fearless–until I heard his voice shaking through his entire statement yesterday).

      Instead of lecturing conservatives about our awfulness, how about helping us drag your stiff of a nominee across the finish line?


     
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    janitor | June 29, 2012 at 12:14 pm

    As soon as the AZ opinion came out, I had an uneasy feeling about the upcoming Obamacare decision. I wasn’t able to articulate why, and didn’t comment here because of that. I still can’t, save for something is rotten.

    It’s easier to accept an unfavorable decision when one can understand the why of it, but we don’t have that information.


     
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    LukeHandCool | June 29, 2012 at 12:31 pm

    I liked Greg Gutfeld’s analogy.

    It’s like Obama turned in a really crappy term paper that deserved an “F,” but instead of giving him a failing grade, the professor rewrote the paper and gave him an “A.”


       
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      CalMark in reply to LukeHandCool. | June 29, 2012 at 12:39 pm

      That’s been happening to Obama his entire life.

      I Obama is the head of an uber-corrupt political Organized Crime family. They’ve taken over D.C. (corruption like that is essentially impossible to root out). That’s how it is in Russia. And that’s how you govern against the will of the people: threats, coercion, inducements for those you can’t control directly.

      America, I think, is finished.

    The self-delusion that yesterday’s affirmation of Obamacare’s mandate under the taxing power of Congress was a conservative victory continues in full force today.

    Sometimes parody is the most direct way to refute an absurdity. I look forward to Hitler Learns That Obamacare Was Upheld.


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