2012-07-10



An Absolutely Lawless Supreme Court Decision!

Obamacare requires most all Americans to buy health insurance or face a penalty. In March the Supreme Court heard arguments as to the legitimacy of this individual mandate. 1

If the mandate were a tax, by the Anti-Injunction Act the case could not go forward. Therefore, the justices determined it to be a penalty and not a tax. 2

However, as a penalty, the mandate was not justified under the Commerce clause. 3

But as a tax, it could be found constitutional under the General Welfare clause. 4

So Chief Justice Roberts - without the concurrence of a majority - simply decided the mandate was tax and not a penalty. 5

On June 28 the Supreme Court ruled the mandate portion of Obamacare to be constitutional. 6

In the words of Mark R. Levin : "This decision I would go as far to say is lawless. Absolutely lawless!" 7

In the packet I have included a preface to three articles concerning the Court's ruling.

The first article argues Congress now has an almost unlimited power to penalize or tax inactivity in order to compel behavior. In effect the Supreme Court no longer respects our right to individual liberty.8

The second article recounts Obamacare's Hideous History that has brought us to this low point.9

And the third discusses the plan, the math, the message, the logic, and the challenge we face in repealing Obamacare and in gaining support for free-market reforms.10

All of us here hold the truth that we are endowed with certain unalienable rights.

As November approaches, the battle is now for us to defend our God-given liberty.

Thank you

-- Peter Cooper


1. Morning Bell: And Now the Supreme Court Must Decide
2. Supreme Court Decision on the Patient Protection and Affordable Care Act - June 28, 2012 (PDF)
    ibid.    567 U. S. ____ (2012) Opinion of ROBERTS, C. J. part II p. 15
3. op. cit. 567 U. S. ____ (2012) Opinion of ROBERTS, C. J. part IV-B p. 58
4. op. cit. 567 U. S. ____ (2012) Opinion of ROBERTS, C. J. part III-C pp. 33-44
5. op. cit. 567 U. S. ____ (2012) Opinion of ROBERTS, C. J. p. 44
6. Supreme Court upholds key part of Obama health law
7. Mark Levin Eviscerates the Obamacare Ruling June 28, 2012 audio: 9m29s direct link
8. Closing the Window, Opening the Barn Door
9. Obamacare's Hideous History, Recounted
10. Obamacare: The Final Battle