Justice Roberts Old Yellowstain gets Another Shot

Readability

Justice Roberts Old Yellowstain gets Another Shot

11th Doc­tor: So why does the Gun­slinger want you [Jex]?
Isaac: It don’t mat­ter.
11th Doc­tor: I’m just say­ing, if we knew that
Isaac: America’s the land of sec­ond chances. We called this town Mercy for a reason

Doc­tor Who A Town Called Mercy 2012

10th Doc­tor: You’re not actu­ally sug­gest­ing we change our own per­sonal history?

11th Doc­tor: We change his­tory all the time I’m sug­gest­ing some­thing far worse

War (8 12th) Doc­tor: What exactly?

11th Doc­tor: Gen­tle­men I have had 400 years to think about this, I’ve changed my mind.

Doc­tor Who Day of The Doc­tor 2013

A lit­tle over a year ago the Supreme court upheld Oba­macare decid­ing, con­trary to every­thing the admin­is­tra­tion said when pass­ing the law, that it was a TAX and con­sti­tu­tional on that basis. On July 2nd I linked to Jay Nordlinger who wrote the fol­low­ing:

Roberts failed to do his duty — his con­sti­tu­tional duty. He’s not sup­posed to be look­ing at the polit­i­cal sit­u­a­tion. He’s not sup­posed to think about his ‘legacy.’ He’s sup­posed to uphold the Con­sti­tu­tion, plain and sim­ple. The major­ity deci­sion will come to be embar­rass­ing. The dis­sent will stand as some­thing true and admirable.”

I said, “So, do you think Bush 43 may have inad­ver­tently sad­dled us with another War­ren Burger?” “No!” said the judge. “Burger would never have writ­ten some­thing so stu­pid” as the Roberts rul­ing. “He was not incompetent.”

This was a day after I con­cluded that the Chief jus­tice changed his vote/​opinion based on pres­sure and earned a new name:

A per­son has the right to change their mind based on facts, but a Chief Jus­tice of the Supreme Court chang­ing his mind based on pleas­ing the NYT or MSNBC et/​al is the most dis­hon­or­able thing I’ve heard of in pub­lic ser­vice. It’s a stain on the court, a Yel­low Stain.

Bot­tom line the ques­tion has been answered: Blue Eyed Hot­tie out, John Roberts old Yel­low­stain it is!

May you be happy in the choice you have made.

And his reward for this attempt to appease has not only been scorn but a politi­cized nom­i­nat­ing process

Last week, with the Sen­ate elim­i­nat­ing most fil­i­busters on pres­i­den­tial nom­i­nees, was a sad one for the fed­eral judi­ciary. It would be wholly inap­pro­pri­ate for a judge to appor­tion blame at the prospect that the voices of present and future Sen­ate minori­ties have been effec­tively silenced in judi­cial con­fir­ma­tions. Now, even those with the most rigid and absolute beliefs can spend a life­time on the fed­eral bench with­out a scin­tilla of bipar­ti­san support.

Well Amer­ica is a land of sec­ond chances and the Chief Jus­tice is going to get another one:

Pres­i­dent Barack Obama’s health care law is headed for a new Supreme Court show­down over com­pa­nies’ reli­gious objec­tions to the law’s birth-​control mandate.

CNN elab­o­rates:

The jus­tices agreed on Tues­day to review pro­vi­sions in the Afford­able Care Act requir­ing employ­ers of a cer­tain size to offer insur­ance cov­er­age for birth con­trol and other repro­duc­tive health ser­vices with­out a co-​pay.

At issue is whether pri­vate com­pa­nies can refuse to do so on the claim it vio­lates their reli­gious beliefs.

I’ll have more to say about the word “Claims” tomor­row but The Cat­e­chism of the Catholic Church deals with the mat­ter of con­tra­cep­tion and is even more explicit on Abor­tion where coop­er­a­tion in one brings auto­matic excommunication.

You don’t get much clearer when it comes to the 1st Amendment.

How­ever I’m not a judge so my opin­ion doesn’t mat­ter but the opin­ions of the mem­bers of the court do.

Pre­sum­ing Jus­tice Roberts old Yel­low Stain is embar­rassed by his pre­vi­ous rul­ing and wishes to redeem him­self this gives him a chance to cor­rect him­self based on totally dif­fer­ent grounds. Reli­gious free­dom is a found­ing prin­ci­ple of our coun­try and the 1st Amend­ment the bedrock of our rights so it will be hard to cri­tique an argu­ment based on that.

But even if he is NOT embar­rassed by his pre­vi­ous actions and still sub­ject to pres­sure the game is dif­fer­ent this time.

#1 The president’s num­bers are hor­ri­ble:

Only four out of 10 Amer­i­cans believe Pres­i­dent Barack Obama can man­age the fed­eral gov­ern­ment effec­tively, accord­ing to a new national poll. And a CNN/​ORC Inter­na­tional sur­vey released Mon­day morn­ing also indi­cates that 53% of Amer­i­cans now believe that Obama is not hon­est and trust­wor­thy, the first time that a clear major­ity in CNN polling has felt that way.

Accord­ing to the sur­vey, con­ducted last Mon­day through Wednes­day, 40% say the Pres­i­dent can man­age the gov­ern­ment effec­tively. That 40% fig­ure is down 12 per­cent­age points from June and is the worst score Obama received among the nine per­sonal char­ac­ter­is­tics tested in the new poll.

A lot of atten­tion has focused on the President’s num­bers on hon­esty in new polling the past three weeks, but it looks like the recent con­tro­versy over Oba­macare has had a big­ger impact on his sta­tus as an effec­tive man­ager of the gov­ern­ment, and that may be what is really dri­ving the drop in Obama’s approval rat­ing this fall,” CNN Polling Direc­tor Keat­ing Hol­land said.

It’s one thing to be pres­sured by a pop­u­lar & pow­er­ful Pres­i­dent in the mid­dle of an elec­tion cam­paign, it’s another to be pres­sured by a lame duck pres­i­dent whose num­bers are down and his hon­esty in ques­tion, par­tic­u­larly if you are going to be in gov­ern­ment long after he is gone.

#2 Oba­macare is hurt­ing demo­c­rat re-​elect numbers:

the Demo­c­ra­tic lead has dis­ap­peared. A new CNN/​ORC poll indi­cates the GOP now holds a 49%-47% edge.

The new sur­vey was con­ducted last week and released Tuesday.

The 10-​point swing fol­lows a polit­i­cal uproar over Oba­macare, which included the botched roll­out of Health​Care​.gov and con­tro­versy over insur­ance pol­icy can­ce­la­tions due pri­mar­ily to the new health law.

A few months ago Democ­rats were talk­ing about an out­side chance of tak­ing the house now, the generic bal­lot is now reversed and we are see­ing stuff like this in Sen­ate Races:

The most sig­nif­i­cant part is that these words…

We asked Kagan about that today and she ducked the ques­tion more than once, blam­ing insur­ance com­pa­nies instead.

…came from an ABC reporter. Not a Fox Reporter, Not a Con­ser­v­a­tive Blog­ger but a reporter for local ABC affiliate.

The source of this dan­ger is the con­tin­ued exis­tence of Oba­macare yet to vote on repeal or delay risks anger­ing the base. A Supreme Court deci­sion strik­ing it down solves that prob­lem. The Demo­c­rat party is about power, not prin­ci­ple, it’s one thing to put pres­sure on the court to uphold a law when it helps the party, it’s another thing to put pres­sure on some­one to do so when that law might cost you your house seat, your sen­ate seat or your sen­ate majority.

3. The Oba­macare effects:

In the last few weeks we have seen the can­cel­la­tion of insur­ance poli­cies en mass,

An extra legal attempt by the Pres­i­dent to change is law

Insur­ance rates skyrocket

Secu­rity Breaches in the exchances

And video of cor­rup­tion among “Navigators”

And I didn’t even include the web site blow­ing up on that list.

Oba­macare was unpop­u­lar before these things hap­pened, it’s much more unpop­u­lar now. The last time a Chief Jus­tice upheld a law that unpop­u­lar with the peo­ple was in the Dred Scott deci­sion. Do you really think a jus­tice wor­ried about his rep­u­ta­tion like old Yel­low Stain will want to be the next Roger Taney?

In the end it will be up to all nine jus­tices on the court. Frankly we already know how 7 will vote. The decid­ing votes will be Jus­tice Kennedy and Chief Jus­tice Old Yel­low­stain. Nobody every knows which way Jus­tice Kennedy will vote, but as for the Chief, whether is motive is prin­ci­ple, or pres­sure now is the per­fect time to remove that stain from him.

For the sake of the coun­try let’s hope he’s wise enough, brave enough, or prag­matic enough, to do so.

**********************************************************

[olimome­ter id=2]

Wednes­day is here and there has been move­ment on November’s goals. We are $232 away from full pay­checks and full mort­gage pay­ments all around.

9 tip jar hit­ters at $25 or twelve at $20 means I’ll have one more rea­son to give thanks.

Can my read­ers give me a happy Thanks­giv­ing? That’s up to you.

We are offer­ing spon­sor­ships of both the Mag­nif­i­cent Seven & the Mag­nif­i­cent Panel now is an excel­lent time to jump on board, con­tact me here for more details

11th Doctor: So why does the Gunslinger want you [Jex]?
Isaac: It don’t matter.
11th Doctor: I’m just saying, if we knew that
Isaac: America’s the land of second chances. We called this town Mercy for a reason

Doctor Who A Town Called Mercy 2012

10th Doctor:  You’re not actually suggesting we change our own personal history?

11th Doctor:  We change history all the time I’m suggesting something far worse

War (8 1/2th) Doctor:  What exactly?

11th Doctor:  Gentlemen I have had 400 years to think about this,  I’ve changed my mind.

Doctor Who  Day of The Doctor 2013

A little over a year ago the Supreme court upheld Obamacare deciding, contrary to everything the administration said when passing the law,  that it was a TAX and constitutional on that basis.  On July 2nd I linked to Jay Nordlinger who wrote the following:

“Roberts failed to do his duty — his constitutional duty. He’s not supposed to be looking at the political situation. He’s not supposed to think about his ‘legacy.’ He’s supposed to uphold the Constitution, plain and simple. The majority decision will come to be embarrassing. The dissent will stand as something true and admirable.”

I said, “So, do you think Bush 43 may have inadvertently saddled us with another Warren Burger?” “No!” said the judge. “Burger would never have written something so stupid” as the Roberts ruling. “He was not incompetent.”

This was a day after I concluded that the Chief justice changed his vote/opinion based on pressure and earned a new name:

A person has the right to change their mind based on facts, but a Chief Justice of the Supreme Court changing his mind based on pleasing the NYT or MSNBC et/al is the most dishonorable thing I’ve heard of in public service.  It’s a stain on the court, a Yellow Stain.

Bottom line the question has been answered:   Blue Eyed Hottie out, John Roberts old Yellowstain it is!

May you be happy in the choice you have made.

And his reward for this attempt to appease has not only been scorn but a politicized nominating process

Last week, with the Senate eliminating most filibusters on presidential nominees, was a sad one for the federal judiciary. It would be wholly inappropriate for a judge to apportion blame at the prospect that the voices of present and future Senate minorities have been effectively silenced in judicial confirmations. Now, even those with the most rigid and absolute beliefs can spend a lifetime on the federal bench without a scintilla of bipartisan support.

Well America is a land of second chances and the Chief Justice is going to get another one:

President Barack Obama’s health care law is headed for a new Supreme Court showdown over companies’ religious objections to the law’s birth-control mandate.

CNN elaborates:

The justices agreed on Tuesday to review provisions in the Affordable Care Act requiring employers of a certain size to offer insurance coverage for birth control and other reproductive health services without a co-pay.

At issue is whether private companies can refuse to do so on the claim it violates their religious beliefs.

I’ll have more to say about the word “Claims” tomorrow but The Catechism of the Catholic Church deals with the matter of contraception  and is even more explicit on Abortion where cooperation in one brings automatic excommunication.

You don’t get much clearer when it comes to the 1st Amendment.

However I’m not a judge so my opinion doesn’t matter but the opinions of the members of the court do.

Presuming Justice Roberts old Yellow Stain is embarrassed by his previous ruling and wishes to redeem himself this gives him a chance to correct himself based on totally different grounds.  Religious freedom is a founding principle of our country and the 1st Amendment the bedrock of our rights so it will be hard to critique an argument based on that.

But even if he is NOT embarrassed by his previous actions and still subject to pressure the game is different this time.

#1  The president’s numbers are horrible:

Only four out of 10 Americans believe President Barack Obama can manage the federal government effectively, according to a new national poll. And a CNN/ORC International survey released Monday morning also indicates that 53% of Americans now believe that Obama is not honest and trustworthy, the first time that a clear majority in CNN polling has felt that way.

According to the survey, conducted last Monday through Wednesday, 40% say the President can manage the government effectively. That 40% figure is down 12 percentage points from June and is the worst score Obama received among the nine personal characteristics tested in the new poll.

“A lot of attention has focused on the President’s numbers on honesty in new polling the past three weeks, but it looks like the recent controversy over Obamacare has had a bigger impact on his status as an effective manager of the government, and that may be what is really driving the drop in Obama’s approval rating this fall,” CNN Polling Director Keating Holland said.

It’s one thing to be pressured by a popular & powerful President in the middle of an election campaign, it’s another to be pressured by a lame duck president whose numbers are down and his honesty in question, particularly if you are going to be in government long after he is gone.

#2  Obamacare is hurting democrat re-elect numbers:

the Democratic lead has disappeared. A new CNN/ORC poll indicates the GOP now holds a 49%-47% edge.

The new survey was conducted last week and released Tuesday.

The 10-point swing follows a political uproar over Obamacare, which included the botched rollout of HealthCare.gov and controversy over insurance policy cancelations due primarily to the new health law.

A few months ago Democrats were talking about an outside chance of taking the house now,  the generic ballot is now reversed and we are seeing stuff like this in Senate Races:

The most significant part is that these words…

We asked Kagan about that today and she ducked the question more than once, blaming insurance companies instead.

…came from an ABC reporter. Not a Fox Reporter, Not a Conservative Blogger but a reporter for local ABC affiliate.

The source of this danger is the continued existence of Obamacare yet to vote on repeal or delay risks angering the base.  A Supreme Court decision striking it down solves that problem.  The Democrat party is about power, not principle, it’s one thing to put pressure on the court to uphold a law when it helps the party,  it’s another thing to put pressure on someone to do so when that law might cost you your house seat, your senate seat or your senate majority.

3.  The Obamacare effects:

In the last few weeks we have seen the cancellation of insurance policies en mass,

An extra legal attempt by the President to change is law

Insurance rates skyrocket

Security Breaches in the exchances

And video of  corruption among “Navigators”

And I didn’t even include the web site blowing up on that list.

Obamacare was unpopular before these things happened, it’s much more unpopular now.  The last time a Chief Justice upheld a law that unpopular with the people was in the Dred Scott decision.  Do you really think a justice worried about his reputation like old Yellow Stain will want to be the next Roger Taney?

In the end it will be up to all nine justices on the court.  Frankly we already know how 7 will vote.  The deciding votes will be Justice Kennedy and Chief Justice Old Yellowstain.  Nobody every knows which way Justice Kennedy will vote, but as for the Chief, whether is motive is principle, or pressure now is the perfect time to remove that stain from him.

For the sake of the country let’s hope he’s wise enough, brave enough, or pragmatic enough, to do so.

**********************************************************

Olimometer 2.52

Wednesday is here and there has been movement on November’s goals. We are $232 away from full paychecks and full mortgage payments all around.

9 tip jar hitters at $25 or twelve at $20 means I’ll have one more reason to give thanks.

Can my readers give me a happy Thanksgiving? That’s up to you.

We are offering sponsorships of both the Magnificent Seven & the Magnificent Panel now is an excellent time to jump on board, contact me here for more details