Saturday AM ~ The Front Page Cover

 The Front Page Cover 
"I pray that the eyes of your heart may be enlightened"
 .
Featuring:
On nObamacare, John Roberts helps
overthrow the Constitution
George Will
 
 .
"Rise up together as one voice"
"Be careful where you stand"
~~~lll~~~
.
 EMAILS: HILLY WANTED MORE INTEL FROM SID 
Wash Ex: “Roughly sixty new emails published by the committee Monday suggest Clinton relied heavily on what lawmakers have called ‘unvetted intelligence’ from [Sidney Blumenthal] in the months before and after the 2012 terror attack in Benghazi. Many of the emails indicate she implored Blumenthal to funnel information about Libya to her, despite her recent claims that her ‘old friend’ Blumenthal simply sent her ‘unsolicited emails.’”
        Clinton cash dash - Bloomberg: “Clinton is set to attend 26 fundraisers between Monday and July 3, including 11 in New York City, according to a review of her public schedule and newly obtained invitations. Many events come with a recommended contribution of the $2,700 legal maximum for her primary campaign or require attendees to raise at least $27,000. After the quarter ends, the Clinton campaign is required to file disclosures with the Federal Elections Commission. Allies have tried to downplay expectations, stressing that because Clinton is only accepting primary cash, the total may not be as impressive as the first quarter of President Barack nObama’s 2012 re-election campaign.”
        Hilly hires potential veep’s staffer - BuzzFeed: “The latest high-profile Latina hire by Clinton is Betsaida Alcantara, who is leaving the communications department at the U.S. Department of Housing and Urban Development to join the Clinton campaign as director of media planning….[HUD Secretary Julian Castro] has often been floated as a possible vice presidential nominee to join Clinton should she win the Democratic nomination…”  -Fox News  
.
rfkPIs9nNfnNvLnE1QJuf_jVWy-SdHvGVwzOs-Z7BbMbkMbcGdycxi-YPN-eownp2DopjpzpdrHCTM6GlSzFQ5C_ON7h5sD3fOODykZ37QeQiVmmIy86hrLdYgs1hWzcj3A9F6uouA=s0-d-e1-ft#%3Ca%20rel%3Dnofollow%20href=
.
 AND NOW A WORD FROM CHARLES 
“Had the flag not existed or been on the ground of the capitol this massacre would have happened in any case. But it’s the standard liberal impulse, something happened really bad. So there’s got to be a problem, there has to be a solution, we must do something, even if the something is entirely irrelevant.” – Charles Krauthammer on “Special Report with Bret Baier” Watch here.  
 -Fox News  
.
rfkPIs9nNfnNvLnE1QJuf_jVWy-SdHvGVwzOs-Z7BbMbkMbcGdycxi-YPN-eownp2DopjpzpdrHCTM6GlSzFQ5C_ON7h5sD3fOODykZ37QeQiVmmIy86hrLdYgs1hWzcj3A9F6uouA=s0-d-e1-ft#%3Ca%20rel%3Dnofollow%20href=
.
 Database Hack at OPM Even Bigger Than Thought 
The Office of Personnel Management has officially said only 4.2 million federal employees were affected by the database intrusion by China. But CNN is reporting that number is much, much higher, as the FBI Director told the Senate recently that an estimated 18 million Americans were affected. This number includes former and current government employees and even people who only applied for government work.
          Let's be clear: The nObama administration's lack of leadership contributed to this intrusion and its lack of leadership will make the situation worse. In a June 17 press conference, nObama spokesman Josh Earnest told reporters that nObama is standing behind OPM Director Katherine Archuleta, who just happened to be National Political Director for nObama's 2012 re-election campaign. "Director Archuleta, in one of her first priorities that she identified after taking that job, was to upgrade the OPM computer network, particularly their cyber defenses," Earnest said. "And this is obviously an ongoing process, and the president does have confidence that she is the right person for the job." Archuleta had a job, but she didn't do the job. Now some of the most sensitive employee data in the nation is in Chinese hands.
          nObama could have prevented the hack — or at least lessened the effect of the attack — by being a strong leader, making tough decisions, following through with his promises and nominating qualified leaders. But his character is only emboldening enemies.  -The Patriot Post  
.
rfkPIs9nNfnNvLnE1QJuf_jVWy-SdHvGVwzOs-Z7BbMbkMbcGdycxi-YPN-eownp2DopjpzpdrHCTM6GlSzFQ5C_ON7h5sD3fOODykZ37QeQiVmmIy86hrLdYgs1hWzcj3A9F6uouA=s0-d-e1-ft#%3Ca%20rel%3Dnofollow%20href=
.
 Here Come the Gun Control Crusaders After Charleston 
Senators Joe Manchin (D-WV) and Pat Toomey (R-PA) are at it again. After the Sandy Hook massacre, Toomey — a gun-owning, NRA A-rated politician — jumped on Barack nObama's bandwagon and introduced legislation that would toughen the nation's background check legislation. The bill was defeated 54-46 in 2013, but Manchin and Toomey told The Washington Post Tuesday night that they would like to revive the bill in response to the massacre in Charleston. Nothing like standing on the caskets of victims to advance a few extra yards in the political game. Toomey, when he appeared on MSNBC Wednesday morning, admitted the bill is mostly a crapshoot. "Honestly, I don't want to build up any false expectations," he said, "I'm not aware that we have the votes to do what Sen. Manchin and I attempted. Is it possible that some portion of that, some subset of what we focused on is possible? Honestly, probably not likely." Still, it shows the tenacity of the forces driving gun control. Every time a front page blares that a crime was committed with a gun, there will be another call for gun restrictions. And the politicians will blow the dust off their tired gun control bills in hopes that maybe this atrocity will have the emotional clout to carry it through. -The Patriot Post  
.
rfkPIs9nNfnNvLnE1QJuf_jVWy-SdHvGVwzOs-Z7BbMbkMbcGdycxi-YPN-eownp2DopjpzpdrHCTM6GlSzFQ5C_ON7h5sD3fOODykZ37QeQiVmmIy86hrLdYgs1hWzcj3A9F6uouA=s0-d-e1-ft#%3Ca%20rel%3Dnofollow%20href=
.

AGHnzvDgAIc_dkrUO59jF21LrUmiQ79dA3RIshU-YlAdfSFPOhc54BmJs1OTRtvnrEX-cCbeiMVXdurlydL03p7YzXsWg_6cAavWTIOYU1PogQU4ftAjtXM=s0-d-e1-ft#%3Ca%20rel%3Dnofollow%20href=

zJrTi_v_cmZnKO3RQjztC3rv3qbAyYFT1wT0zc3yBYxOlf5X03ZbKzcWiXVXrNgjz5adhCzmFmT0utZe_VjqPHRJPadY4MeSTpes2y09W8VCXKS-OXDAfkFdRkZ4jMRxOEYTshyGXqsQLqVeCXZgl9od2RO0K2VMKN-7t9Q80htDvCMs-_6OzsUGCxkgfjvmmqd5nNQoyMEDN1_quVY0Cl1FLI2Uw5UjJQvAwC084clnfSM3y11ag6rLCSB0N8AjL4rnr8A9XQiJr3PB6yjs0AGE-zMI=s0-d-e1-ft#%3Ca%20rel%3Dnofollow%20href=
 AIM Responds to Supreme Court Decision on nObamacare  
(Roger Aronoff) ~ The Supreme Court bent over backwards today in an attempt to save nObamacare from its own tortured language by reinterpreting the statute, making the plain phrase “Exchange established by the state” signify both the state and federal exchanges... The mainstream media, in turn, are triumphal, having helped sway the final decision. We have repeatedly written about The New York Times’ biased reporting regarding the King v. Burwell case and nObamacare in general. Today, the Times’ Editorial Board came out and said what Americans already knew, having read many of this paper’s farcical health care columns masquerading as reporting. The Times condemned the plaintiffs as having spearheaded a “blatantly political effort to destroy the Affordable Care Act,” called the case an “ideological farce dressed in a specious legal argument,” and claimed “the court should never have taken review of it to begin with.” “The somersaults of statutory interpretation they [the Justices of the Supreme Court] have performed …will be cited by litigants endlessly, to the confusion of honest jurisprudence,” concludes Justice Antonin Scalia in his dissent, joined by Justices Clarence Thomas and Sam Alito.       http://www.aim.org/aim-column/aim-responds-to-supreme-court-decision-on-obamacare/?utm_source=AIM+-+Daily+Email&utm_campaign=email062615&utm_medium=email
.
wQCIJVuo3tJrpYEQmyHVFk6xznTLSjiiRUTrfS-2OXqSFTK20phej__S5_Jgg8264KU62y2KAz5QrEugHBQqZhvB9L0qwBe0CUF8LmHIptW2wS2B4OX6CNten422kE6PlRvvsV6Ic7exA_3QvdQhZkyUnjjhcYGhlCXsjmWE6SXMPBg1pQTDqxLezp190jvhgmjVmWS3EImBp0pDdxagWSnSEfV8e7Q2WkM6uO0IWWyA_WCL7ipq5sRPkaM9f2n373OB8WmSDk2Fvyk=s0-d-e1-ft#%3Ca%20rel%3Dnofollow%20href=
 Rules of Engagement Amount to an Impeachable Dereliction of Duty  
(Andrew McCarthy) ~ David and Jonah are obviously right that the immoral rules of engagement (ROE) the commander-in-chief has imposed on our troops have encouraged Islamic State jihadists to endanger civilians – not that terrorists need much encouragement in that regard... As David observes, this turns the laws of armed combat on their head. I’ve been venting about this for a number of years now. The driving purpose of international humanitarian law is the protection of civilians. What makes honorable combatants honorable, and what triggers the international-law protections they are owed if captured, is their adherence to venerable standards requiring that they, among other things, identify themselves as soldiers, carry their weapons openly, and confine their combat operations to legitimate military objectives.        http://www.aim.org/guest-column/our-immoral-rules-of-engagement-amount-to-an-impeachable-dereliction-of-duty/?utm_source=AIM+-+Daily+Email&utm_campaign=email062615&utm_medium=email
.
C2mP91F4v2ByB1Y1xg7oC8pY3M959RAzj5SyinI_rON9FAOLSgcK3vedcYJ_5yEP5YScXzIJBn3Ert7-RtkAAy4toOEFzJtjatTNdrTdGT19xHx_Q1ALYEDWX8I8pb8GIN1tIllYlnUFfwK8HFMqqw=s0-d-e1-ft#%3Ca%20rel%3Dnofollow%20href=
 backstabber Boehner $5 million, Ryan $2 Million, McCon-nell $9 Million  – Any  Doubt Why TPA Passed?                                                                                                                                    
(rickwells.us) ~ The politicians like to keep the money trail brushed as clean of their footprints as possible, to make it less blatantly obvious that they are exchanging votes for “campaign” cash...  Money talks in DC. In our current government it is the only language other than Orwellian double speak which is understood. backstabber John Boehner, Paul Ryan, Mike McCarthy and other House members did quite well for themselves financially in the pursuit of their corporate masters’ dreams of overthrowing the United States government. Anyone who wonders how millionaires or billionaires are made on a Congressional salary can get some good insight from this information, published by Maplight.org. (  http://maplight.org/us-congress/bill/114-hr-1314/6832028/total-contributions.table?sort=asc&order=%24+From+Interest+Groups%3Cbr+%2F%3EThat+Supported&party[D]=D&party[R]=R&party[I]=I&vote[AYE]=AYE&vote[NOE]=NOE&vote[NV]=NV&voted_with[with]=with&voted_with[not-with]=not-with&state=&custom_from=10%2F01%2F2012&custom_to=09%2F30%2F2014&all_pols=1&uid=53150&interests-support=K1000-F2100-F1100-F3100-F5100-F3300-D2000-H4300-J1100-J1200-C4100-T5100-M2300-G2900-E1620-E1600-A1000-F3200-B1000-F1400-E1110-M1000-F3400-C5120-H4100-F2300-E1100-C5140-G4300-T7100-E1140-A3000-A2000-E1150-A5000-G4500-C2100-C1100-A4000-A1300-T2310-G2100-C5110-G2400-T6200-T2100-G2820-M2100-C5130-C4300-A1400-C2000-F5000-H4500-G2600-M5000-B6000-G5210-C5000-A2300-G4000-A1500-G1000-T1200-C5100-A1600-G5000-A5200-C2400-A4200-G2300-G5290-A4100-M3300-M1500-G1200-M8000-H2000-M1300-C2600-B5200-M3100-G4100-G4600-E1220-H4000-C4600-M2400-G4800-C0000-M9000-T9000-C1300-H4600-A3100-G2200-X5000-G1100-A4300-E4100-C4000-T8300-M2200-T6000-A0000-M0000-M1600-T2000-G5280-M4200-M3200-T2400-G4400-M3600-T7000-M4300-M3000-M3500-T1000-M1700-G3500-G1300-J4000-E1230-G1400-M2250-X3300-A6500&interests-oppose=J1100-J1200-L1300-L1500-J7400-C5120-C5140-LM100-JE300-H1700-L1200-LT000-LT300-L1100-LG100-LC100-A6000-LM150-J7300-LG000-X7000-J7200-JH100-J7000-L0000-J3000-JI200&from=10-01-2012&to=09-30-2014&source=pacs-nonpacs&campaign=congressional&politicians=  )
.
w8_4ZIF9EMZneYzDwwBcdNu9HfhwHmg1zu1EwYu3I5YX01HAo5h4KDUBCVRquvby4jSiV1vHV4oG3foZs0MM-3B5LdzjybUXtwgpnWkiKidPjF8qDZYa6FicyvmYQtkLZ-YTkL0dkvAqsYv9bRPJx4L2O7YEdprUUL3xhL7oMJXsXVRuUrJNzSCvHv7xwTw=s0-d-e1-ft#%3Ca%20rel%3Dnofollow%20href=
 Supreme Court Rules Gay Marriage Is a Constitutional Right  
(Katie Pavlich) ~ The Supreme Court has struck down state bans on gay marriage and has ruled 5-4 same sex marriage is a constitutional right. Same sex couples can now marry in all 50 states and states must perform same sex marriages... Marriages performed in each state are to be recognized in all states. Justice Anthony Kennedy wrote the opinion and Chief Justice John Roberts wrote the dissent, joined by Justices Antonin Scalia, Samuel Alito and Clarence Thomas. As My wife said and I agree, this is the beginning of the end times.       http://townhall.com/tipsheet/katiepavlich/2015/06/26/breaking-supreme-court-upholds-state-bans-on-gay-marriage-n2017268?utm_source=thdailypm&utm_medium=email&utm_campaign=nl_pm&newsletterad=
.
zsPm3Z-utJsNg5Y1gqiUGGLmrjn3oaGwPgjKdyloKP6WVD_vnSswFt8GssjsiAozcb3z8_dFb7FdksLsxlM636ttJEHDiyjWeSDGd82DufcLmNhQKKUH6g2WkqlByh2kVfDBimiqK1eIOUcKAwNaSfw=s0-d-e1-ft#%3Ca%20rel%3Dnofollow%20href=
 Supreme Court Gets Slapped On Gay Marriage By Franklin Graham  
(Norvell Rose) ~ Many of the 1.7 million people who like Franklin Graham’s Facebook page are giving a big thumbs-up to his reaction to the Supreme Court’s same-sex marriage decision... That message was posted by the head of the Billy Graham Evangelistic Association shortly after the high court ruled 5-4 that same-sex couples have a nationwide right to marry, no matter what individual states or their residents might say. As of this writing, more than 130,000 people have liked Graham’s statement, which reads in part: “With all due respect to the court, it did not define marriage, and therefore is not entitled to re-define it.” And the number of Facebook likes for the pastor’s reaction is growing rapidly.
.
MnNzScseDETZMDk4TtFkMY_aDWeqHbjOc3teZijUwj-GHaa80wCiwsb9gwwu1hVZqp3xtLKebRkvSBvjOwnDGlWWRGZDVADfzJZxow=s0-d-e1-ft#%3Ca%20rel%3Dnofollow%20href=
 Judicial Activism From Supreme Court on Marriage  
(Ryan T. Anderson) ~ Today is a significant setback for all Americans who believe in the Constitution, the rule of law, democratic self-government, and marriage as the union of one man and one woman. The U.S. Supreme Court got it wrong... It should not have mandated all 50 states to redefine marriage... This is judicial activism: nothing in the Constitution requires the redefinition of marriage, and the court imposed its judgment about a policy matter that should be decided by the American people and their elected representatives. The court got marriage and the Constitution wrong today just like they gotabortion and the Constitution wrong 42 years ago with Roe v. Wade. Five unelected judges do not have the power to change the truth about marriage or the truth about the Constitution. At the federal level, the First Amendment Defense Act is a good place to start. It says that the federal government cannot discriminate against people and institutions that speak and act according to their belief that marriage is a union of one man and one woman. States need similar policies. Recognizing the truth about marriage is good public policy. Today’s decision is a significant setback to achieving that goal. We must work to reverse it and recommit ourselves to building a strong marriage culture because so much of our future depends upon it.       http://dailysignal.com/2015/06/26/judicial-activism-from-supreme-court-on-marriage-heres-how-to-respond/?utm_source=heritagefoundation&utm_medium=email&utm_campaign=dailydigest&mkt_tok=3RkMMJWWfF9wsRogvq3IZKXonjHpfsX56%2BQpWqS%2BlMI%2F0ER3fOvrPUfGjI4IT8VkI%2BSLDwEYGJlv6SgFQrLBMa1ozrgOWxU%3D
.
596066501001599640360no.jpg
 The Iran Nuke Deal Gets Worse Every Day-The Latest Capitulation  
(Jeff Dunetz) ~An exclusive Associated Press report has revealed the U.S. and its P5+1 allies are prepared to reward Iran with the latest cutting edge, advanced tech equipment if the terrorist nations cuts its programs which enable it to produce nuclear arms... What this document reveals is this is no longer a pact intended to stop the Iranian nuclear program. It’s degenerated into a deal to let the Iranians perfect their nuclear program with international assistance and under international protection. One of the draft appendices entitled “Civil Nuclear Cooperation,” promises to replace Iran’s nearly completed heavy-water facility at Arak (which if completed will be able to produce enough plutonium for several nuclear weapons/year) with less menacing light-water nuclear reactors. It also details how the U.S. and its partners would supply Iran with the nuclear fuel needed to run the reactors, remove the expended fuel, “and offers help in the ‘construction and effective operation’ of the reactors and related hardware. It also offers to cooperate with Iran in the fields of nuclear safety, nuclear medicine, research, and other peaceful applications.” And as the centrifuges are being developed they’ll be spinning non-nuclear elements, but once they’re perfected the Iranians will be able to use them to enrich uranium. Therefore the P5+1 powers will literally be investing in helping Iran achieve a zero breakout.         http://yidwithlid.blogspot.com/2015/06/the-iran-nuke-deal-gets-worse-every-day.html?utm_source=The+Lid+List&utm_medium=email&utm_campaign=f9d46de708-RSS_EMAIL_CAMPAIGN&utm_term=0_597b72c01c-f9d46de708-291705165&goal=0_597b72c01c-f9d46de708-291705165
.
WkPtb-qIx9x58dIKxl2JHxO2g5lCYIy75CY67oqY42_4h72swIgibHbuQHZz6K2aXekstF8xwgNRzHuTVsUYEwICEsFFxl6BNklZ=s0-d-e1-ft#%3Ca%20rel%3Dnofollow%20href=
 Behind the French "Peace Initiative"  
(Bassam Tawil) ~ The latest missile to split the skies over the Middle East is not a rocket; it is the French "peace" initiative... No one in the Middle East has the slightest doubt that whatever its objective may be, it will not promote peace between Israel and the Palestinians. It is a desperate attempt by the French government to buy a few more days of quiet from its Muslim community, especially from the members of the Muslim Brotherhood and the terrorist organizations to which it gave birth -- all waiting for the order to run riot through the streets of France. We, the Palestinians, have suffered, and continue to suffer, from the creation of the Islamist terrorist organizations within the Palestinian Authority territory; it is they who keep us from reaching a peace agreement with the Jews.
.
fiAMNKaoVMC66iKzdKwv6cJAXrJCbEBG8ulqn4LpoNFOckAZFsbJ5kYUHISNaWiyPAAghZHQ7o-90aO1cEw-TRbd_2MwhJSreNxUm4yuPCoZLG0hLHSNhOywKDbUQeLddvXMatUfnCBVagrRTB5mVEItxWDUiyPqDInaSS1z1kiTRuy72pd35hCSK1HrEB5NBukF_aVc2qEiRlY=s0-d-e1-ft#%3Ca%20rel%3Dnofollow%20href=
 Scalia Slams Roberts on SCOTUS nObamacare Ruling  
(Sarah Fisher) ~ Justice Antonin Scalia wrote a "fiery" dissent opinion the Supreme Court decision today to uphold federal subsidies to the states in the King v. Burwell decision. And his ire was directed at Chief Justice John Roberts... In a fiery dissent, Scalia lashed out at Chief Justice John Roberts for his key vote to save a key provision of the Affordable Care Act that allowed the federal government to provide healthcare subsidies to Americans in 34 states that did not set up their own healthcare exchanges. "We should call this SCOTUScare," Scalia wrote in the dissent. The center of the ruling was the phrase "established by the state" and whether or not the law meant what it LITERALLY SAID, which is that only the states that established healthcare exchanges were eligible for federal subsidies.
.
1G1gEPiT0bV5Uxw1SmAfqIX9-y48UUfSOd4GvkpApjmhuHJmPFYl-AoHcwZYxveL0H9Kvf_F3oxFgsvPudpk-WutfbmTREMuiqr7Lg=s0-d-e1-ft#%3Ca%20rel%3Dnofollow%20href=
 IS THERE STILL HOPE FOR AMERICA?                                                      
(Leo Hohmann) ~ As the Supreme Court came down with its 5-4 decision to legalize same-sex marriage in all 50 states, the supporters of the movement danced and celebrated their historic victory... Dozens of Christian leaders such as Franklin Graham, James Dobson and John Hagee had already signed a petition before the ruling assuring the Supreme Court that they would defy any decision that came down redefining the 6,000-year-old definition of marriage. “A totally unbelievable decision yet totally believable for our society as we are definitely in the swirly mode headed down the toilet,” said Pastor Mark Biltz, author of “Blood Moons: Decoding the Imminent Heavenly Signs.” “The Bible says as it was in the days of Lot so will it be when the Messiah comes. The sewer floodgates are opening for all filth to come pouring in. “The very fabric of what makes up a moral society is being ripped apart. As a nation we are becoming more and more narcissistic.” In opting to redefine marriage the Supreme Court did “a 180-degree turn away from the biblical intent for marriage — as the Court also pushed aside states’ rights and voters’ voices,” said Richard Land, president of Southern Evangelical Seminary near Charlotte, North Carolina. He said the decision throws away God’s meaning for marriage.        https://mail.google.com/mail/u/0/?shva=1#inbox/14e31151355923dc?compose=14e31a521fe886c3%2C14e31ab42a5bee3e
.

AGHnzvDgAIc_dkrUO59jF21LrUmiQ79dA3RIshU-YlAdfSFPOhc54BmJs1OTRtvnrEX-cCbeiMVXdurlydL03p7YzXsWg_6cAavWTIOYU1PogQU4ftAjtXM=s0-d-e1-ft#%3Ca%20rel%3Dnofollow%20href=

On nObamacare, John Roberts helps
overthrow the Constitution
George Will
.
ad5YZSlrIEXvaDqyvpW2pj8ifImZKkAJPYfauO553TAZ_9ngqZjofy2Ttbjih4rp4lfawiVeHetzOP8JVhsVidkVCN0y271sEBrcJa70QP59-xsvme0a6-YJVVoco__VdtKRJ1qIprPrW6c9f0BNsZsenrzNCBlFlCnznCkuoDf2tEJMbpvVaC7RZpXj6WAP388RoiNP8viiwVqhXtwoeH9SBYTCLyXF6vJPO-v-gp1hNLqfBCsHl2unG7cUMdYkuMg9LYsp_xhXP4Rk-mkaicdaJoatBWbb-U3gjMR0nEq2=s0-d-e1-ft#%3Ca%20rel%3Dnofollow%20href=
.
     (washingtonpost.com) ~ Conservatives are dismayed about the Supreme Court’s complicity in rewriting the Affordable Care Act — its ratification of the IRS’s disregard of the statute’s plain and purposeful language. But they have contributed to this outcome. Their decades of populist praise of judicial deference to the political branches has borne this sour fruit.
.

     The court says the ACA’s stipulation that subsidies are to be administered by the IRS using exchanges “established by the State” should not be construed to mean what it says. Otherwise the law will not reach as far as it will if federal exchanges can administer subsidies in states that choose not to establish exchanges. The ACA’s legislative history, however, demonstrates that the subsidies were deliberately restricted to distribution through states’ exchanges in order to pressure the states into establishing their own exchanges.
.

     The most durable damage from Thursday’s decision is not the perpetuation of the ACA, which can be undone by what created it — legislative action. The paramount injury is the court’s embrace of a duty to ratify and even facilitate lawless discretion exercised by administrative agencies and the executive branch generally.
.

[Adler: To save nObamacare, John Roberts rewrites the law]
.

     The court’s decision flowed from many decisions by which the judiciary has written rules that favor the government in cases of statutory construction. The decision also resulted from Chief Justice John G. Roberts Jr.’s embrace of the doctrine that courts, owing vast deference to the purposes of the political branches, are obligated to do whatever is required to make a law efficient, regardless of how the law is written. What Roberts does by way of, to be polite, creative construing (Justice Antonin Scalia, dissenting, calls it “somersaults of statutory interpretation”) is legislating, not judging.
.
Qq9TmlJCoCAjKAGibQ2WvC0ELxl-u1omJht196wCUfl-r1ivkrpe7wmwfsp_ozAMlXowLzvOuYoLkhJg6OP4LBG-iel0AqeP5BUjTrWYpk6cIJXnLYip-ht_TTitGdJHnhmrUA_eRN51uQJkFBuaJnUWZ9Dyg9xH04LOtL0GmzRcWVIBuUY2NejeLMg=s0-d-e1-ft#%3Ca%20rel%3Dnofollow%20href=
.
     Roberts writes, almost laconically, that the ACA “contains more than a few examples of inartful drafting.” That is his artful way of treating “inartful” as a synonym for “inconvenient” or even “self-defeating.”
.

     Rolling up the sleeves of his black robe and buckling down to the business of redrafting the ACA, Roberts invents a corollary to “Chevron deference.”
.

     Named for a 1984 case, Chevron deference has become central to the way today’s regulatory state functions. It says that agencies charged with administering statutes are entitled to deference when they interpret ambiguous statutory language. While purporting to not apply Chevron, Roberts expands it to empower all of the executive branch to ignore or rewrite congressional language that is not at all ambiguous but is inconvenient for the smooth operation of something Congress created. Exercising judicial discretion in the name of deference, Roberts enlarges executive discretion. He does so by validating what the IRS did when it ignored the ACA’s text in order to disburse billions of dollars of subsidies through federal exchanges not established by the states.
.

     Chevron deference does for executive agencies what the “rational basis” test, another judicial invention, does for legislative discretion.
.

Since the New Deal, courts have permitted almost any legislative infringement of economic liberty that can be said to have a rational basis. Applying this extremely permissive test, courts usually approve any purpose that a legislature asserts. Courts even concoct purposes that legislatures neglect to articulate. This fulfills the Roberts Doctrine that it is a judicial function to construe laws in ways that make them perform better, meaning more efficiently, than they would as written by Congress.
.

[Bernstein: Why the Affordable Care Act is so messed up]
.

     Thursday’s decision demonstrates how easily, indeed inevitably, judicial deference becomes judicial dereliction, with anticonstitutional consequences. We are, says William R. Maurer of the Institute for Justice, becoming “a country in which all the branches of government work in tandem to achieve policy outcomes, instead of checking one another to protect individual rights. Besides violating the separation of powers, this approach raises serious issues about whether litigants before the courts are receiving the process that is due to them under the Constitution.”
.
     The Roberts Doctrine facilitates what has been for a century progressivism’s central objective, the overthrow of the Constitution’s architecture. The separation of powers impedes progressivism by preventing government from wielding uninhibited power. Such power would result if its branches behaved as partners in harness rather than as wary, balancing rivals maintaining constitutional equipoise.
.

     Roberts says “we must respect the role of the Legislature” but “[A] fair reading of legislation demands a fair understanding of the legislative plan.” However, he goes beyond “understanding” the plan; he adopts a legislator’s role in order to rescue the legislature’s plan from the consequences of the legislature’s dubious decisions. By blurring, to the point of erasure, constitutional boundaries, he damages all institutions, not least his court
.
.
E-mail me when people leave their comments –

You need to be a member of Command Center to add comments!

Join Command Center