The Constitution Is Dead, And You Killed It
Let's face facts; you are responsible.
Texas and other Republican-led states ripped the Supreme Court’s decision to uphold the Affordable Care Act, arguing Thursday’s ruling ignored the core issue of whether "ObamaCare" was constitutional.
The justices voted 7-2 to reject the challenge from a coalition of 18 states and two individuals, marking the third time a GOP-led effort to overturn ObamaCare failed in the Supreme Court. In their decision, the justices determined that states lacked the standing to bring their case to federal court.
Meh.
If you remember when the first challenge to Obamacare (PPACA, formally) was decided I wrote on it at the time. That decision, standing alone, was justification for open revolt. Real revolt. As in "let God sort it out" sort of revolt.
Why?
Because Justice Roberts took a law he deemed (correctly) unconstitutional and re-wrote it into an equally-unconstitutional law -- specifically, he turned the "mandate" (an unconstitutional fine on refusal to act) into an unconstitutional direct tax.
The Supreme Court does not have that power. Nor does Congress or, for that matter, the President. Nobody can do that yet at the end of the day we, the people are the ones who are responsible when all 330 million of us cheer on the destruction of the very thing -- the one thing -- that makes America unique.
Direct taxes are only constitutional if apportioned -- that is, if laid on a "capitated" basis. To put it directly, you can lay a direct tax of "$20 per person" but it may not vary based on any factor; it must be on a per-capita basis. The 16th Amendment made Constitutional the laying of such a direct tax based on income, but on no other basis. It was required because multiple other attempts were struck down as unconstitutional, so an Amendment was required to lay an income tax.
Obamacare laid a direct tax on the refusal to do a specific thing -- buy health insurance. The USSC ruled that indeed that was unconstitutional; you could fine someone for doing a thing, but not for refusing to do a thing. Then Roberts rewrote the statute, which would be fine (under the "savings" doctrine) except the only way he could get there was through a direct tax, which is explicitly unconstitutional as it is not apportioned nor is laid on incomes, which the 16th Amendment authorized.
Rather than take this head-on the Republican Party, including Trump, mealy-mouthed their way around the issue. Some state continued the fight. - The Market Ticker [https://market-ticker.org/akcs-www?singlepost=3665599]
Constitutional lawyer Robert Barnes said it best about our RINO "right-leaning establishment legal commentators" and Pontius Pilate "conservative" SCOTUS justices:
I wonder if all the right-leaning establishment legal commentators that celebrated #SCOTUS "no standing" decisions to play Pontius Pilate in the election cases are feeling good now that the same pernicious, b.s. doctrine was just used to excuse Obamacare? [https://twitter.com/barnes_law/status/1405591178976796672]
Again, the Pontius Pilate "conservative" Supreme Court justices apparently broke their constitutional oaths to uphold the constitution as they did in the December Texas election case. Scholar William Briggs said the SCOTUS cowardly justices didn't "have to deal with having all the evidence about the elections bruited from a non-ignorable source. How much better to pretend it [the Biden Unconstitutional Steal] never happened":
SCOTUS cucked. There is no other word for it. Their entire argument for rejecting the suit brought by Texas and joined by almost half the States was Nyah nyah nyah!
Think I’m joking? Here it the Order in its entirety:
155, ORIG. TEXAS V. PENNSYLVANIA, ET AL.
The State of Texas’s motion for leave to file a bill of complaint is denied for lack of standing under Article III of the Constitution. Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections. All other pending motions are dismissed as moot.
Statement of Justice Alito, with whom Justice Thomas joins: In my view, we do not have discretion to deny the filing of a bill of complaint in a case that falls within our original jurisdiction. See Arizona v. California, 589 U. S. ___ (Feb. 24, 2020) (Thomas, J., dissenting) [the dashes are sic]. I would therefore grant the motion to file the bill of complaint but would not grant other relief, and I express no view on any other issue.
No argument. Just “Nyah nyah nyah.” With the cringe word cognizable. Plus, Article III? The one that says “Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort”? The one that applies to Biden selling the office of the Vice Presidency to the Chinese?
Nah, not that Article III.
Roberts aligned with Breyer, Gorsuch was lost after discovering the right for men to be women hidden in the interstices of the Constitution, Kavanaugh was still assembling his all-female staff, and you were warned about Barrett. The other non-entities voted exactly how they were either told or expected to. Only Alito and Thomas stayed strong.
Don’t bother disagreeing. Everybody reading knows with moral certainty that if this was Pennsylvania suing Texas on behalf of Tony Bobulinksi—excuse me, Joe Biden—the vote would have been in favor of taking the case, probably unanimously.
“Conservative” justices like Gorsuch and Roberts are more than willing to make law when it aligns with the interests of our ruling elite. But they quail when they have chances to strike return blows.
The left ignores the law and does what it wants. When the right follows their example, the left screams “You must follow the law!” And the right cowers and mews and surrenders. The right uses the term, but never understood the war part of Culture War.
One of the rumors before yesterday’s order was that so many states joined with Texas, so that when SCOTUS finally ruled against Texas, the right would be left with no weapons. The media would say “IT’S OVER.” Well, they’re still saying that. But now the court is doesn’t have to deal with having all the evidence about the elections bruited from a non-ignorable source. How much better to pretend it never happened. [https://wmbriggs.com/post/33854/]
Lastly, a February traitor SCOTUS flashback:
It seems apparent that Justices Brett Kavanaugh and Amy Coney Barrett are traitors to their oath to uphold the United States Constitution.
Gateway Pundit reported "Attorney Sidney Powell Responds to Latest Supreme Court Rulings on Election Integrity – Justice Thomas’s Dissent Included":
Trump- nominated Justices Kavanaugh and Amy Coney Barrett sided with the liberal justices...
... Attorney Sidney Powell reported this on her Telegram page.
Denials with Dissents
1. Republican Party of Pennsylvania v. Degraffenreid (formerly Boockvar), began with Application for stay filed September 28, 2020. No. 20-542. (CU/CUF/TPC amicus brief in this case on November 25, 2020.)2. Corman (formerly Scarnati) v. Pennsylvania Democratic Party. Petitioners are Pennsylvania state legislators, began with Petition filed October 27, 2020. No. 20-574.
In these two cases, Thomas dissented and Alito/Gorsuch also dissented.
Roberts and Kavanaugh and Barrett joined the Dems Dissents appear at the end of the Order list.
As Thomas said: “These cases provide us with an ideal opportunity to address just what authority nonlegislative officials have to set election rules, and to do so well before the next election cycle. The refusal to do so is inexplicable.”Denials without any dissent.
3. Congressman Mike Kelly v. Pennsylvania, began with Application for injunctive relief filed December 3, 2020. No. 20-810.
4. Trump v. Degraffenreid (PA), No. 20-845, began with Petition for Cert filed December 21, 2020.
This was John Eastman’s case.
Powell linked to Justice Thomas’s dissent at Techno Fog.
Pray an Our Father now in reparation for the sins of Francis's Amoris Laetitia.
Pray an Our Father now for the restoration of the Church as well as the Triumph of the Kingdom of the Sacred Heart and the Immaculate Heart of Mary.
Stop for a moment of silence, ask Jesus Christ what He wants you to do now and next. In this silence remember God, Father, Son and Holy Ghost - Three Divine Persons yet One God, has an ordered universe where you can know truth and falsehood as well as never forget that He wants you to have eternal happiness with Him as his son or daughter by grace. Make this a practice. By doing this you are doing more good than reading anything here or anywhere else on the Internet.
Francis Notes:
- "If Francis is a Heretic, What should Canonically happen to him?": http://www.thecatholicmonitor.com/2020/12/if-francis-is-heretic-what-should.html
- "Could Francis be a Antipope even though the Majority of Cardinals claim he is Pope?": http://www.thecatholicmonitor.com/2019/03/could-francis-be-antipope-even-though.html
Election Notes:
- Intel Cryptanalyst-Mathematician on Biden Steal: "212Million Registered Voters & 66.2% Voting,140.344 M Voted...Trump got 74 M, that leaves only 66.344 M for Biden" [http://catholicmonitor.blogspot.com/2020/12/intel-cryptanalyst-mathematician-on.html?m=1]
- Will US be Venezuela?: Ex-CIA Official told Epoch Times "Chávez started to Focus on [Smartmatic] Voting Machines to Ensure Victory as early as 2003": http://catholicmonitor.blogspot.com/2020/12/will-us-be-venezuela-ex-cia-official.html
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