Roberts rules again...poorly
By Frank Salvato
web posted January 13, 2014
Now comes news that Supreme Court Chief Justice John Roberts has doubled down on his middle finger to the American citizenry by turning away – without comment, which the SCOTUS gets to do – an emergency stay request, filed by the Association of American Physicians & Surgeons and the Alliance for Natural Health USA, to block the implementation of Obamacare.
In an almost ignored story, FOX News reports:
"Chief Justice John Roberts turned away without comment Monday an emergency stay request from the Association of American Physicians & Surgeons, Inc. and the Alliance for Natural Health USA.
"They asked the chief justice Friday to temporarily block the law, saying Congress had passed it incorrectly by starting it in the Senate instead of the House. Revenue-raising bills are supposed to originate in the lower chamber. They also wanted blocked doctor registration requirements they say will make it harder for independent non-Medicare physicians to treat Medicare-eligible patients.
"Still pending is a decision on a temporary block on the law's contraceptive coverage requirements, which was challenged by a group of nuns."
With an overwhelming number of Americans standing against the implementation of this law, an ever increasing realization of consequences that make the law he most expensive entitlement program ever launched, and the Obama Administration's unconstitutional manipulation of the law's provision via executive caveat, Chief Justice Roberts had a golden opportunity to rectify his atrocious ruling that allowed for this law to become binding to the American people. Again, Mr. Roberts has cheated the American people from the benefits of constitutional justice.
Article I, Section 7 of the US Constitution states clearly:
"All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills..."
That The Patient Protection & Affordable Care Act (Obamacare) originated out of the US House of Representatives as the Service Members Home Ownership Act (HR3590), which has absolutely nothing – nothing – to do with health insurance mandates or so-called reforms. Per the Obama Administration's own Justice Department rebuttal to a suit brought on the same subject by the Pacific Legal Foundation:
"...attorneys for the Justice Department argue that the bill originated as House Resolution 3590, which was then called the Service Members Home Ownership Act. After passing the House, the bill was stripped in a process known as 'gut and amend' and replaced entirely with the contents of what became the Patient Protection and Affordable Care Act.
"Using HR3590 as a 'shell bill' may be inelegant, but it's not unconstitutional, according to the government motion."
So, the Obama Administration admits that the bill was foisted on the American people disingenuously and nefariously, Justice Roberts ruled it a tax, and yet Roberts refuses to allow the Supreme Court to hear a case that examines and rules on the constitutionality of exactly the unconstitutional aspects everyone says exist.
The big question is this. Why is Chief Justice John Roberts running interference for the Obama Progressives?
Article III, Section 1 of the US Constitution states:
"The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office."
One has to ask, with the caveat that Supreme Court Justices "shall hold their offices during good behaviour" we should all be asking – and asking our elected officials: What shall be done about Chief Justice Roberts; "bad behaviour"?
Frank Salvato is the Executive Director for BasicsProject.org a grassroots, non-partisan, research and education initiative focusing on Constitutional Literacy, and internal and external threats facing Western Civilization. He is featured in Because Our Republic Is Worth It. Mr. Salvato sits on the board of directors for Founders Alliance USA, a solutions-oriented non-profit organization. He also serves as the managing editor for NewMediaJournal.us. Mr. Salvato has appeared on The O'Reilly Factor on FOX News Channel and is a regular guest on talk radio across the country. Mr. Salvato is available for public speaking engagements. He can be contacted at firstname.lastname@example.org.