The Dread Roberts Decision: Let The Cultural Civil War Begin

 “This decision I would go as far to say is lawless. Absolutely lawless!

            Constitutional attorney Mark Levin

The Supreme Court’s stunning 5-4 decision on June 28 upholding Obamacare–with Justice John Roberts siding with the liberals of the Court–left me with the same sadness and bewilderment I felt when I watched terrorists fly planes into the World Trade center buildings and the Pentagon.

Those attacks came from without, and signaled America’s weakness before the forces of evil and the removal of God’s blessing and protection from our land. Last week’s decision by the Supreme Court came from within–and again shows how vulnerable we are to the tyranny of our leaders and lack of corporate character.

Just as the wrong-headed Dred Scott decision led to the election of Abraham Lincoln and beginning of the Civil War, I believe this dreaded John Roberts Court decision will lead to a cultural civil war through election day and beyond.

Are you ready to join the fight? And will this momentary curse on our nation actually become a  blessing in disguise?

Here are some lessons from the infamous July 28 Supreme Court decision.

1. Your taxes are going up unless you vote to repeal Obamacare.

The high court’s ruling leaves in place 21 tax increases in the health-care law costing more than $675 billion over the next 10 years, according to the House Ways and Means Committee. Of those, 12 tax hikes would affect the middle class, families earning less than $250,000 per year,  including a “Cadillac tax” on high-cost insurance plans, a tax on insurance providers, and an excise tax on medical device manufacturers.

For the average America family, it will amount to a seven percent increase. “This is a clear violation of the president’s pledge to avoid tax hikes on low-and middle-income taxpayers,” said a statement from the panel, which is chaired by Rep. Dave Camp, Michigan Republican.

According to a Wall Street Journal economist, 75% of the new taxes will be squarely on the now-squeezed middle class (people making less than $120,000).

2. This is another Dred Scott, Roe v. Wade moment. The Supreme Court of the United States simply got it wrong on this monstrous bill–with vast ramifications, just like the aforementioned bad decisions. I’m actually proud of Justice Anthony Kennedy in this particular case. He read a ten-minute scathing dissent on behalf of Clarence Thomas, Samuel Alito, and Antonin Scalia. It  called Roberts’ reasoning “feeble” and “verbal wizardry.”

“[W]e cannot rewrite the statute to be what it is not,” the four Justices write. “[W]e have never—never—treated as a tax an exaction which faces up to the critical difference between a tax and a penalty, and explicitly denominates the exaction a ‘penalty.’ Eighteen times in (Obamacare) Congress called the exaction a ‘penalty.'”

Other constitutional lawyers chimed in about Roberts feckless opinion, labelling it “incompetent,”  “laughably inane,” “facially ridiculous,” “mis-read and re-wrote,” “tortured logic, ” and “none of it can pass rational scrutiny.”

The only positive was Roberts’ punting the fraudulent bill back to Congress and the American people. Writing for the majority, he rightly noted:

“Members of this Court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.”

3. People are  known by their deeds – Now we know there are essentially four Supreme Court justices with strict constructionist views of the Constitution. Four others are liberal activists, and John Roberts is not the principled jurist we thought he was. In the biggest case of his life–the one that will define his legacy–he became either a legal “gymnast,” a judicial activist, or a bullyable Chief Justice.

Some say he did it to protect the Court’s reputation–to keep it from becoming politicized. If that’s true, then he placed the egos of nine people over the needs of three hundred million. Plus, the liberals on the Court always vote liberal on big cases. It’s only the conservatives that are sometimes squishy–and unprincipled. Never the other way around. Progressives always label something “political” when they don’t get their way.

In all probability, Roberts buckled due to pressure from the White House and threats from the liberal media. In trying not to politicize the Court, he made a bad decision which is the epitome of politicalization–he caved in to the pressure of the Left. They are gloating and swooning now because they know that they can both influence elections (think Clinton in 1992), and also sway the Supreme Court under unprincipled leaders.

Businessman Donal Trump agreed: “It’s a disaster and obviously it would have been better if it was knocked out, but Justice Roberts wanted to be loved by the Washington establishment. And by the way, he is now loved, because the way they’re talking about him, it’s unbelievable. So he is a beloved man to the liberals.”

Yet, Erick Erickson of Redstate, usually a red-meat conservative commentator, was somewhat forgiving and conciliatory toward John Roberts. He likened Roberts’ actions to “chess rather than checkers” by forcing the Congress to deal with this issue as a matter of policy, not legality:

“With John Roberts’ opinion, the repeal fight takes place on GOP turf, not Democrat turf. The all or nothing repeal has always been better ground for the GOP and now John Roberts has forced everyone onto that ground. It seems very, very clear to me in reviewing John Roberts’ decision that he is playing a much longer game than us and can afford to with a life tenure. And he probably just handed Mitt Romney the White House.”

Maybe there is a silver lining in this very poor judicial decision.

4. Elections have consequences – the election of Barack Obama, possibly the worst president in all of American history, not only brought us Obamacare, re-defining marriage and a languishing economy, but also two more liberal activist justices–Sonia Sotomayor and Elena Kagan. If John McCain had been elected, we’d have neither. The 2008 election was a terrible setback for the country

Mitt Romney, the 2012 Republican candidate, may not be Abraham Lincoln, but at least he’s right about the following: “If we want to get rid of Obamacare, we’re going to have to replace President Obama.”

“Let’s make clear that we understand what the Court did, and did not do. What the Court did today was say that Obamacare does not violate the Constitution. What they did not do was say that Obamacare is good law or that it’s good policy. Obamacare was bad policy yesterday. It’s bad policy today. Obamacare was bad law yesterday. It’s bad law today.”

We need Mitt Romney to become an Abraham Lincoln to help us face the dark days ahead.

5. The power of deception has been unleashed in American public life. We now know that the Affordable Health Care Act was based on a lie. The Democrats first health care draft called the bill what it really was–a tax. That bill was scrapped because their leadership knew the people wouldn’t accept it and their members couldn’t run on it.

So they deceptively changed it to a “mandate, a fee, a penalty” that they said fit under the Commerce Clause. This was one of many lies about the bill. Sarah Palin was right in her early tweet after the decision: “Obama lies. Freedom dies.”

Radio commentator Rush Limbaugh said it this way: “Obamacare is nothing more than the largest tax increase in the history of the world. And the people who were characterizing it as such were right and were telling the truth. We have the biggest tax increase in the history of the world right in the middle of one of this country’s worst recessions.”

Probably the clearest voice on the fraudulent terms of the bill came from Senate Minority Leader Mitch McConnell:

“Two and a half years ago, a Democrat president teamed up with a Democrat-led Congress to force a piece of legislation on the American people that they never asked for, and that has turned out to be just as disastrous as many of us predicted.”

“Amid economic recession, a spiraling federal debt, and accelerating increases in government health spending, they proposed a bill that has made these problems worse.”

“Americans were promised lower health care costs. They’re going up. Americans were promised lower premiums. They’re going up. Most Americans were promised their taxes wouldn’t change. They’re going up. Seniors were promised Medicare would be protected. It was raided to pay for a new entitlement instead.”

“Americans were promised it would create jobs. The CBO predicts it will lead to nearly 1 million fewer jobs. Americans were promised they could keep their plan if they liked it, yet millions have learned they can’t.”

“And the President of the United States himself promised up and down that this bill was not a tax. This was one of the Democrats’ top selling points — because they knew it would have never passed if they said it was.”

“The Supreme Court has spoken. This law is a tax. This bill was sold to the American people on a deception. But it’s not just that the promises about this law weren’t kept. It’s that it’s made the problems it was meant to solve even worse.”

(Click here to hear Barack Obama tell ABC’s George Stephanopoulos emphatically that Obamacare is not a tax.)

6. The Supreme Court has now fueled an American cultural civil war that will not be concluded until one side wins.

There is no compromise in Obamacare. Either we have tyranny (big government) or we have liberty (limited government). Either the government controls our healthcare, or we replace that with market-driven solutions that we control ourselves.

There was no compromise over slavery. Either the government sanctioned the tyranny of slavery or the slaves were set free. The healthcare war is also a battle of tyranny versus liberty. Will we be slaves to entitlements (selfish desires), or a free people who put their trust in God?

7. We are back to 1776 in this nation. The “King” has fraudulently levied a deceptive and unjust tax on his subjects. Like the early Colonists, we must rise up as the first Tea Party members did and cast off the yoke of bondage–even if it means “our lives and our sacred honor.”

8. What’s needed to stop the train wreck of America is a prayerful, passionate, modern-day revival and cultural revolution. We must repent of our sins and apathy, vote this president out of office on November 6, increase people of liberty in the House, and elect fifty-one freedom-loving patriots in the United States Senate.

And do the same in every other arena of government in these United States of America. We can start with a renewal of self-government in our own lives and families.

We the People must win this cultural battle–not the Supreme Court. On January 6, 2013, the tyranny of Obamacare can be repealed and replaced with a plan that is based on freedom. Read Heritage Foundation’s good analysis here.


Barack Obama will now re-cast his signature issue, not as a tax, but an act of compassion to grant health care to all Americans. But a lot of dumb, or even evil things can be done in the name of compassion. Don’t fall for it. The end does not justify the means.

Take some time to re-read the Declaration of Independence at your family gathering this 4th of July. It will remind you that a noose of tyranny–taxation without representation–had been foisted upon our ancestors by the British Crown.

But they loved God and liberty enough to rise up and cast it off.

Let the cultural civil war begin.


  1. Lea on July 6, 2012 at 4:48 pm

    Devastating, for sure. I can imagine how much pressure (read threats; bribes?) that Roberts took. How could he have caved it?

    What the heck are we doing letting this go on? It's deceptive to the core, much like the den of cobras that make up the Pres and his admin, along with the liberal Congress & Judicial.

    Let the cultural war begin!

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