The Supreme Court Did Read The Obamacare Law Ms. Pelosi

Surprising Decision on Obamacare

The shock has now passed. The Supreme Court made its surprising decision on Obamacare. It’s now time to examine how they actually defined the law itself.

It’s important to understand the legal translation of the 5-4 ruling. No doubt how the left views it. It’s a divine gift from the Almighty. Their landmark legislation has weathered the storm. All is well in the land of the unwell.

Let them think that way – for now. It will be a short-lived dream.

Judicial Vengeance By The Supreme Court

What really occurred is a sort of judicial vengeance by the Supreme Court. That’s what you read here – vengeance in the most veiled of hidden motives. A conspiracy theory? Maybe. It includes the four liberals that predictably voted for the law and one smart chief justice who saw the legacy of his career in judicial prudence.

Obama’s and his talking head’s endless and ill-advised public insults directed at the court before Thursday’s decision didn’t go unnoticed by even his most rubber-stamp justice – Elena Kagan – his former solicitor general and chief legal counsel.

It’s important to note Chief Justice Roberts actually ruled the mandate, relative to the commerce clause, unconstitutional.

Cheering “Victory”

Many of those cheering this as a “victory” weren’t quick to realize this is how Obamacare got its foothold with Congress in the first place. There was no discussion about the dreaded word, “tax.”

That is now the operative word as Americans ramble down the road to the November election.

Roberts’ majority opinion means Congress cannot force Americans to buy anything. Ever. That is now unconstitutional today and forever.

The Founding Fathers are doing a jig in their centuries-old graves.

Secondly, as the ruling states, Congress does not and never had the power to mandate. To fuel Obamacare making it the law of the land, Congress must administer it as a tax. Again, it is a tax.

Are there many people running for re-election that wish to run on that platform? Will those who voted for it remind voters on the stump? It should be remembered that Obamacare was never promoted as a tax and the president reiterated constantly that such an accusation was untrue.

Americans will now be drowned in political ads touting this point, making many of them not fanatical ideologists look foolish for believing the rhetoric building up to the Supreme Court decision. Certainly not what Obama’s strategists were whooping and hollering about last Thursday before they actually read the decision.

What does this all mean?

Obamacare is a tax pure and simple. The Democrats branded those who did not participate in the new law as being “penalized.” Republicans meanwhile called it a tax pure and simple. Democrats went to the 11th hour vote on Obamacare two-years-ago believing the president and smiling House Majority Leader that not complying was a penalty.

With the court’s ruling, how many politicians wish they could have their vote back now? Too late.

When Obama’s solicitor general made his pro-Obamacare oral argument in front of the Supreme Court, he pronounced it as “a penalty or a tax, either way.”

Chief Justice Roberts in his majority opinion gave them exactly what the solicitor general had admitted – a tax. That is now the official law of the land. It took a day or two for the celebrants to let that sink in, but now it is theirs to run on this November.

Winning The Battle

The initial euphoria is now turning to grim reality. They “won” the battle, but they are about to see how insignificant that is in the realm of total war. Obamacare is funded by tax dollars and all the spinning the Democratic operatives can muster won’t change that stark fact one iota.

A defense attorney’s biggest nightmare – defending the indefensible.

Now a Democratic congressman’s and an incumbent president’s too.

Dwight L. Schwab Jr. is a moderate conservative who looks at all sides of a story, then speaks his mind. He has written more than 3500 national political and foreign affairs columns. His BS in journalism from the University of Oregon, with minors in political science and American history stands him in good stead for his writing.


Dwight has 30-years in the publishing industry, including ABC/Cap Cities and International Thomson. His first book, “Redistribution of Common Sense – Selective Commentaries on the Obama Administration 2009-2014,” was published in July, 2014. “The Game Changer – America’s Most Stunning Presidential Election in History,” was published in April 2017.


Dwight is a native of Portland, Oregon, and now a resident of the San Francisco Bay Area.