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The Right Prescription
Flowers for Obamacare
How Clarence Thomas was turned into a genius by the President’s medical experiment.
In Daniel Keyes’ novel, Flowers for Algernon, a medical experiment nearly triples the IQ of the protagonist, Charlie Gordon. Apparently, the President’s experiment with our health care system has produced a similar effect on Supreme Court Justice Clarence Thomas. For two decades, progressives have claimed that he is intellectually unfit to sit on the Court. They have repeatedly told us that Thomas is, as one commentator recently phrased it, “a dunce and a worm.” However, as myriad constitutional challenges to Obamacare work their way through the courts toward an inevitable showdown before the Supreme Court, the dunce’s intellectual powers have somehow improved. In fact, we are now advised that Thomas is not merely intelligent, but that he is an evil genius with an outsized influence on the rest of the Court.
This miraculous metamorphosis was recently described in a New Yorker profile of Justice Thomas and his wife titled “Partners.” According to the author of this remarkable piece of instant revisionism, Jeffrey Toobin, “In several of the most important areas of constitutional law, Thomas has emerged as an intellectual leader of the Supreme Court … when it comes to the free-speech rights of corporations, the rights of gun owners, and, potentially, the powers of the federal government … the majority has followed where Thomas has been leading for a decade or more.” Toobin’s inclusion of Thomas’ potential ability to influence the views of other justices on the powers of the federal government is, of course, a reflection of progressive fears concerning the Court’s eventual ruling on the constitutionality of Obamacare’s individual mandate.
And these fears are entirely justified. Justice Thomas is a fervent advocate of “originalism,” the interpretive principle which holds that the Court should base its rulings on the original meaning of the Constitution. Thus, if Thomas truly does wield the kind of intellectual influence now attributed to him by Toobin and other progressives, the individual mandate is indeed in grave danger. Obviously, originalism includes the view that the powers of the federal government are limited to those enumerated to it by the Constitution. That list does not include the authority to order Americans to buy products or services sold by private enterprises. And it is a virtual certainty that Thomas will reject any argument suggesting that the Interstate Commerce Clause confers such power on Congress.
Why, then, would a “reform” advocate like Toobin suddenly pronounce Thomas the intellectual leader of the Court when he knows the man will want to strike down the President’s “signature domestic achievement”? Michael Barone provides a plausible answer: “It’s possible to read Toobin’s article as a partisan hit job, echoing the demands of 74 Democratic House members that Justice Thomas recuse himself from sitting on a case challenging the constitutionality of Obamacare because of his wife’s involvement in the Tea Party movement.” If Thomas is a dunce, how big a threat could he be? But if he’s actually a Machiavellian manipulator of Court opinion plotting Obamacare’s destruction with the aid of his Tea Partier wife, then he cannot be trusted to pass judgment on the law’s constitutionality.
This would explain why Toobin, in the fourth sentence of a 9,100-word essay, mentions that ridiculous demand by a group of far-left Democrats for Thomas to recuse himself. Never mind that no code of ethics or statute requires him to do so. The relevant section of the U.S. code states that a justice should recuse himself “in cases where he served in government employment and in such capacity participated as counsel, advisor or material witness concerning the proceedings or expressed an opinion concerning the merits of the particular case in controversy.” Note the absence of any verbiage relating to the political opinions of a spouse. The only passage containing that word refers to a husband or wife with a financial interest in an entity that is itself before the court, not a spouse with an ideological interest in the outcome of a case.
It is worth noting that the leader of those 74 Democrats demanding Thomas’ recusal was that paragon of ethical conduct, Anthony Weiner. This may be why Toobin urged his fellow journalists not “to make a federal case” of the New York congressman’s … er …foibles. Oddly enough, Toobin feels no such reticence when it comes to Justice Thomas’ wife. Much of his New Yorker profile is devoted to her connection with the Tea Party movement, which he insinuates is somehow improper. He portentously points out, for example, that she has spoken out against Obamacare: “[H]er particular target was the health-care-reform law, which was, in her view, clearly unconstitutional.” The clear implication is, of course, that Justice Thomas has a conflict of interest pursuant to his wife’s opposition to “reform.”
Oddly, Toobin has never demonstrated any similar concern about a very real conflict of interest involving the newest Supreme Court appointee. As it happens, the language quoted above from the United States code (Section 455 of Title 28) so closely matches the pre-nomination activities of Justice Elena Kagan that it may as well have been included in her job description as U.S. Solicitor General. In fact, Neal Katyal, the acting Solicitor General who unsuccessfully defended the individual mandate in the 11th Circuit Court of Appeals, was assigned to the litigation team by Kagan herself. Toobin’s lack of interest in this, combined with his reluctance to hold one of Justice Thomas’ most vehement congressional critics accountable for behavior that was both unethical and disgusting, suggests that his main concern is saving Obamacare.
The irony of all this is that Toobin is probably right about the intellectual heft of Justice Thomas. Moreover, that the left has consistently underestimated him has been good for the country. There isn’t the slightest possibility that he will recuse himself when Obamacare finally makes its way to the Supreme Court and he will assure that the individual mandate is ruled unconstitutional, and perhaps convince four additional justices to strike down the rest of the pernicious health care law as well. Once the Supreme Court has issued its ruling, however, we can expect Thomas’s intellectual powers to recede just as Charlie Gordon’s did in Flowers for Algernon. It won’t be long before progressives are once again telling us that he is an idiot. But, in the interim, we can place a few flowers on Obamacare’s grave.
About the Author
David Catron is a health care revenue cycle expert who has spent more than twenty years working for and consulting with hospitals and medical practices. He has an MBA from the University of Georgia and blogs at Health Care BS.
Letter to the Editor View all comments (66) | Leave a comment
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Mimi| 9.7.11 @ 7:29AM
The Obama-care law was UNFIT from the beginning a badly written,expensive piece of junk never approved of by the PEOPLE!
It is just and proper, to have it be DONE with by the Supreme Court.
Tooban must know this. It will be settled, and gone. To expect and even hope for a recusal by Justice Thomas is ludicrous, especially when the criteria for recusal fits justice Kagin to a "T"!
Alan Brooks| 9.7.11 @ 9:47PM
Clarence Thomas is a token, just as Thomas Sowell is.
You can't find too many of them to go around, can you?
Shill Watch| 9.7.11 @ 11:17PM
You are a bigot.
Riff Raff| 9.8.11 @ 10:39AM
This is another lie from Alan "Thorazine Kid" Brooks. A dupe of the Criminal Party (aka "Democrats") and what Stalin called a "useful idiot." I think this idiot has been used up. Go home Brooks. Time to retire.
old white guy| 9.8.11 @ 2:51PM
brooks is an idiot. surley he can be banned for life from the internet. if only.
Ken (Old Texican)| 9.7.11 @ 7:37AM
Mr. Catron,
that was funny. Thanks
Ken (Old Texican)| 9.7.11 @ 7:49AM
Here come da Judge. Here come da Judge.
Sic 'em Judge Thomas.
Dan Hirsch| 9.7.11 @ 8:18AM
Last week I saw Rep. Paul Ryan at a town hall meeting. His take on Obamacare: 'We HAVE to repeal it.'
My wife works in a company with a couple of hundred employees; they have just confirmed last week that the Obamacare costs that will hit in '12 will be twice last year's corporate profit (which was thankfully, after a lot of cost trimming, an average year.) Result: profitable corporation becomes loser.
So, they're evil because they aren't hiring more people and losing more money? That question is one only an incompetent bureaucrat could ask out loud... (Is there such a thing as a competent bureaucrat?)
DH
PS. Oh, yea. Paul is not going to run for President-he does not want to subject his three young children to that stress. I believe him and support him in that. He is my Representative.
Don't tread on me...
Grzmlyk| 9.7.11 @ 1:40PM
Clearly, your wife's company is greedy and selfish. What about its obligation to humanity?
What do profits have to do with anything? Sheesh!
If the company has to incur losses year after year in order to pay for its employees' health care, then the company just ought to suck it up - for the common good. After all, you can't bend the cost curve down without breaking a few eggs!
And, while it's at it, if it were TRULY a patriotic company, it would hire another hundred employees right now at high salaries.
And it would cut itself off from the evil, capitalist power grid and meet its energy needs by installing windmills on the roof (and then pay PETA huge settlements when flocks of birds get chopped up in the blades). I mean, wind power is only 10 times as expensive as electricity!
I think that's a small price to pay so that we all feel better about your wife's company, don't you?
Besides, the company really ought to be in the business of saving the planet! Well, that and providing decent incomes for employees so they can go out and buy stuff.
That, ladies and gentlemen, is economics as the Obama administration - and liberals everywhere - understand it.
For the left, "fairness," whatever the cost, is the goal - no matter how untethered to reality - or indeed how unfair - it is.
God forbid these fools ever look at the universe from a cause-and-effect perspective. God forbid they embrace reality.
God forbid they be forced to live in the world they prescribe for others.
That wouldn't be "fair."
cuban pete| 9.7.11 @ 5:11PM
G-Man:
Spot on as usual. "fairness" whatever the "cost" they prescribe for "others".
You cut back but John Kerry still gets to butt to the front of the line to eat foie gras and park his monster yacht at reduced Rhode Island dock rates.
You send your kids to public schools but BHO,algore,Rahm,etc. send their kids to toney private(non-union) schools.
You drive a small, unsafe, high MPG car at 55MPH but Gov.Corzine rides in a 10MPG SUV at 90 MPH and gets in to wrecks.
Good to hear from you as always.
cp
Grzmlyk| 9.7.11 @ 10:42PM
Thanks, CP - I had to be away from the keyboard for several hours.
Right back atcha. I just saw a bit on Fox News about how Westchester County has been hijacked by HUD they want to make the city plant blacks and Hispanics who cannot afford the pricey real estate into its neighborhoods; HUD accuses Westchester of practicing "segregation." It had mandated "affordable housing be built, which Westchester did, and then moved the goal post, saying it wasn't good enough.
We live in a dictatorship, pure and simple.
What I cannot understand is why so many liberals are perfectly happy to be subjects to the state.
idalily| 9.7.11 @ 5:21PM
Brutal and eloquent, as usual. And excellent.
Larry| 9.7.11 @ 8:19AM
Clarence Thomas has always been known as an intellectual giant by those who have read his opinions and other writings.
Comrade Golfer on the other hand is an intellectual pigmy. A real shame to ever mention the two of them in the same article.
Grzmlyk| 9.7.11 @ 1:50PM
You have insulted pygmies everywhere, sir.
Obama couldn't spell "cat" if the teleprompter spotted him the "c" and the "t."
Our president is ignorant, bigoted, sociopathic, foolish, doctrinaire, vengeful, puerile, immature, petty, think-skinned and classless.
It utterly amazes me that there are still people out there - plenty of them - who do not think this guy is a piece of shit. And obviously so.
Maybe it was that crisp crease in his pants that fooled our genius punditocracy.
Occam's Tool| 9.7.11 @ 5:12PM
CTA---Chicago Transit Authority, Mr. G! You insult our messiah!
Grzmlyk| 9.7.11 @ 10:44PM
Very good, Occam - as a former Chicagoan, I should have figured that one out.
Loved your comment on Cutler, by the way - what the Bears saw in him, I don't know. Like Obama, his personality speaks volumes, and, as voters did with Obama, the personnel folks on the Bears ignored his total lack of heart.
Occam's Tool| 9.27.11 @ 10:34AM
Thank you, and bless you, Mr. G. I grew up in Niles.
Timothy L. Pennell| 9.7.11 @ 8:29AM
The LEFT wants Justice Thomas to recuse himself, because HIS WIFE is a Tea Party member. And, naturally, to them, that is unacceptable.
Elena Kagan, who LOBBIED the Supreme Court, as the Administration's SOLICITER GENERAL, for this very Health Care Law?
She's fine.
Conflict of interest? What conflict of interest?
"Clarence Thomas. You want a Conflict of Interest? Take a look at who his Wife is hanging around with!"
This is nothing new. OBVIOUSLY, you'd need a Slave Owner, from Mississippi, sitting on the bench for an End Of Slavery case, to find anyone with a BIGGER Conflict, than Kagan. Or, a buncha NAZIS, in charge of the Nuremberg Trials.
I don't know about you, but, I thought that "Guilt by Association" was a Bozo no no. Weren't we told, by the Jeffery Toobins of the world, that, the FACT that Barack Hussein Obama had sat in the Pews of a White Hating/Jew Hating/America Hating Marxist Pastor, meant nothing? That, the FACT that he had this POS officiate his Wedding, Baptize his children in to his HATE CHURCH, and considered him "A member of my family", had no bearing, whatsoever, on Obama's mindset. And, SO WHAT, his 1st Mentor was an Avowed Communist? Who Cares if he began his Political Life in the Living Room of 2 Unrepentant Domestic Terrorists. People who Killed Cops, Blew Ur Recruiting Stations, and Bombed the Pentagon. Who cares that he hung out with a PLO Terrorist Recruiter - Khalid Rashidi - and that the L.A. Times REFUSES to release the Video, they have, of OBAMA at Rashidi's Going Away Party? Who cares that he was raised in Indonesia? That he attended Muslim Schools and Muslim Mosques, there, until the age of 11? That he knelt on his Prayer Rug, facing Mecca, and prayed to a God of MURDER, for Death to America, 5 times a day. "It means nothing. It's guilt by association, and you must be a RACIST, to even think that way."
Right, Mr. Toobin?
And, I thought that we were supposed to look the other way, when it comes to Minorities on the bench? Right. We need more Blacks. More Hispanics. More Women.
Unless they are named Clarence Thomas, or Miguel Estrada, or the "Woman" is a Black Conservative from Texas.
Remember, Jeffery Toobin?
Of course he does. We all do.
Remember when Hillary's associations were questioned. We were laughed at. Ridiculed, for "going after the girl".
I don't know about YOU, but, I'm sick to death of the Double Standards, and WORSE, of the acceptance of it, by the Right.
It's time we stood up on our hind legs, like MEN, and DEMAND accountability from these SCUMBAGS.
squalis| 9.7.11 @ 10:01AM
Perfect response!
jd| 9.7.11 @ 8:35AM
Justice Thomas has always been an intellectual giant but from day one has been villified by the liberals and media because he is a black conservative. If anybody needs to recuse themselves it is Kagan. I look forward to this fight.
Mike D.| 9.7.11 @ 8:43AM
If anybody thinks comrade Kagan is going to recuse herself from this decision is smoking comanche bushes. Revolutionaries only rule is that there are no rules. Victory is the only result that counts and rules and process are tools to be used against the enemy to limit their effectiveness, not something to be governed by themselves. Constitution is only to be used to limit the enemy, not something to limit themselves and when the enemy is defeated, use the rolled up document to use as a torch for his funeral pyre.
KennesawJack| 9.7.11 @ 4:01PM
Just for my own edification, doesn't the Chief Justice have the authority to require her recusal?
Occam's Tool| 9.7.11 @ 5:12PM
I don't think so.
Flatulus Ancien| 9.7.11 @ 8:39AM
Originalism.
Adhering to the Constitution as it is written, and to it's original meaning.
Indeed we need much more originalism in our Government.
Our politicians take an oath to uphold and protect the Constitution, but it seems that each of them forget that oath as soon as their hand leaves the Bible.
I sent Obonzo and Pelosi a copy of the Constitution with a note that they needed one because they had obviously thrown theirs out the window.
Perhaps Judge Thomas can explain it to them.
Grzmlyk| 9.7.11 @ 1:09PM
Well, if Obama gets another crack at the White House in '12 - or if we elect a RINO - we can look for the Constitution itself to be declared unconstitutional by SCOTUS.
Except, of course, when members of the kleptocracy want to invoke it cynically in order to inflict more damage on the citizens.
We're pretty much one judge away from that eventuality.
Another Sotomayor and it'll be banana republic time for sure.
Mike D.| 9.7.11 @ 5:47PM
yep, one judge away from total tyranny. thats one heart attack from disaster.
Pecos Pete| 9.7.11 @ 8:40AM
The sooner ALL of ObamaCare is repealed, the better. It is an absolute shame that we have to wait until a new Congress and President are installed in January 2013.
My fear is, even if the insurance mandate is ruled unconstitutional, there will be parts of ObamaCare that will be hanging around for years to come.
All 2,000+ pages of the ObamaCare Law and all resulting regulations should be nailed to the back of Harry Reid and Nancy Pelosi for them to carry around for the rest of their lives.
As for King O, he should be sentenced to suffer being subject to ObamaCare for the rest of his life, even though it be repealed. Instead, in January 2013 he will move to the Cayman Islands to enjoy the billions of dollars he and his cronies have siphoned away from the American tax payers.
Anthony| 9.7.11 @ 9:21AM
Just another example in a long line of the moral and intellectual bankruptcy of the left.
They will say and do anything to accomplish their goals. Now Justice Thomas is under a phony assault from the left to recuse himself from Obozocare, because the left sees a potential defeat at the S.C.
With Kagan having been Obozo's Solicitor General during the legal build up to the S.C., she must recuse herself, but she will not. So the left will apply pressure to keep up the phony conflict on Thomas to insure Kagan has a similar "excuse".
If the left can't get Justice Thomas to fold, which he will not do, because he is a man of integrity and will not cave to the immoral left, then Kagan certainly will not. That's the game being played as we speak.
If the 5/4 goes against Obozo, even if Kagan remains in this case, the left will simply say the decision was tainted, hence, has no moral authority due to Thomas's refusal to recuse.
Any game, any obfuscation, any excuse, is what the left lives by today, as their belief system crumbles before their eyes.
J.C.Eaton| 9.7.11 @ 3:37PM
This.
Von Mises Jr.| 9.7.11 @ 9:34AM
Perhaps Mr. Toobin is a "racist?" He apparently only approves of blacks that remain on the plantation.
He and his elitest, Progressive friends have distain for great black men such as Dr. Thomas Sowell, Dr. Walter E. Williams and Shelby Steele; but they fawn over Rev. Jackson and Rev. Al.
Anthony| 9.7.11 @ 10:57AM
Toobin, like other hack, white leftists, gets dispensation from the leftist black community for attacking black conservatives. Black conservatives can never be victims of racism by virtue of their politics!!!
Toobin, et al, not only get a pass with their disgraceful hypocrisy, they are praised and encouraged to continue their attacks against black conservatives, the truly "Invisible Men" of our era.
Oh, the sick and perverted minds of the left.
Stormzeye| 9.7.11 @ 10:04AM
If you want to see the strength of Clarence Thomas' intellect you must read his concurring opinion McDonald v. Chicago. This defense of the individual's right to bear arms is brilliant: http://www.law.cornell.edu/sup.....1.ZC1.html
W| 9.7.11 @ 10:27AM
I agree the opinion is well written and the history in revealing. It seems Justice Thomas believes in "natural law" in the sense that we have rights because we are human beings, and the constitution protects these rights, and not that the rights are granted to us by a government. If the government grants the rights then the government can take away or restrict the rights. But these rights are not granted by the government.
Thomas is saying we have certain rights which the government, under the constitution, is to protect.
One danger with this approach is that each judge may have his opinion on what is the natural law, and what rights we have because we are humans. Most can agree on the basic natural rights, but there is always an argument.
Ground Control| 9.7.11 @ 12:42PM
Arguments or disagreements can be settled by appropriate legislation, using the legitimate legislative process as practiced by legitimately elected representatives. Courts do not have this power, despite their exercising it.
W| 9.7.11 @ 3:47PM
Do you believe that we have rights by virtue of being human, such as the inalienable rights in the Declaration of Independence, Or do you believe all rights come from the government? This is the issue. What rights are inalienable and what are goverment granted.
darcy| 9.7.11 @ 8:00PM
Natural law, natural rights, exist above and beyond man's interpretations of what laws and rights should be or are: Natural Law is derived from an external source and is beyond debate.
The Ten Commandments are from a source external to man; they are given to us from God and are valid for all people for all time.
That it is the case that pagan liberals and atheists reject this truth does not in any way detract from the truth itself. But as with Pilate, they will ask, "What is truth?" They know the truth, as it is written on their hearts; but they reject it and place themselves on the throne as the great arbiters of what is and what is not to be done, believed, followed.
"Rather than using objective truth, Higher Law, they resort to subjective opinion." Whatever Happened to Justice? by Richard J. Maybury.
So yes, there are varying opinions about natural rights but only if the subjectivist has hi-jacked the term in an effort to obfuscate the truth.
Margie| 9.8.11 @ 5:58PM
Hi darcy, great post. I wish I could put my thoughts down as well as you are able to, but thanks for doing it for me!
Like you said, people still ask, "What is truth?" like Pilate did, when Truth was standing right in front of them.
saleboter| 9.7.11 @ 10:11AM
So if I get this Thomas is an idiot with a great IQ?
Mike D.| 9.7.11 @ 10:16AM
Unlike the idiot in the White House that everybody on the left THINKS has a high IQ because they say so.
Gary B| 9.7.11 @ 12:36PM
It helps to remember this about leftist hacks: They just say stuff.
Intelligent Design| 9.7.11 @ 1:43PM
It is tempting to call the left "intellectually dishonest", but that would imply they have brains, which of course is a stretch. President Reagan had it right (of course) when he said (to paraphrase), "It isn't that the left is ignorant. It's just that they know so much which isn't true."
How did Obama ever get by Professor Kingsfield?
Occam's Tool| 9.7.11 @ 5:13PM
75% of Obama's class at HLS graduated with honors. Kingsfield was a character in a novel; not real.
A. C. Santore| 9.8.11 @ 11:44AM
And don't forget that in Lake Wobegon, all of the children are above average.
[Doubtlessly they're all the children of liberals.]
Ground Control| 9.7.11 @ 12:44PM
The only real worry on the Supreme Court is Anthony Kennedy. It will take the efforts of Thomas plus Scalia and Roberts to keep him in line. Kennedy has a tendency to vote emotionally on some issues, and this may be one.
Stormzeye| 9.7.11 @ 2:36PM
Correct. Kennedy is arguably the most powerful man in the United States and this concentration of power is frightening. G.W. Bush's greatest accomplishment was putting two conservatives on the court.
idalily| 9.7.11 @ 5:24PM
This.
MikeBee| 9.7.11 @ 12:58PM
I have an idea: Thomas should recuse himself from hearing this case, conditionally. The condition should be that, if he recuses himself, that Roe vs. Wade (and many other Democrat-decided cases) be immediately vacated. Same reasoning applies: Tea Party influence in this case, Communist Party USA influence in Roe vs. Wade and others. All those cases which were decided by judges which were Communist Party USA-influenced will be reheard with the present court.
idalily| 9.7.11 @ 5:29PM
No. No. No. This is wrong-headed for so many reasons. First, regardless of their opinions, you can't have justices of the SCOTUS making "deals." Something is either constitutional or it isn't, and each case must be dealt with on its own merits. Second, as repugnant as abortion is to most of us, it is not what is going to drive us to fiscal ruin (not in the short term anyway). Obamacare will drive us to fiscal ruin in less than a year. For now, tossing out Obamacare is one of our highest priorities (along with kicking out Obama and cutting spending overall). Abortion is at this point is a battle to be won or lost by persuading American hearts and minds, not a legal fiat or lack thereof.
prudence| 9.8.11 @ 1:23PM
That's a joke, son.
cowgirl| 9.7.11 @ 1:19PM
Clarence Thomas, one of my heroes, is a brillant man. Why, because he is awashed in common sense. The same common sense that the Founding Fathers, especially Madison (remember Jefferson and Adams DID NOT WRITE The Constitution - both were in Europe at the time of the Convention), used in drafting and finalizing the greatest document ever produced by mankind - The U.S. Constitution. The left has attacked Thomas from day one. Why, because he represents the very core of what liberals hate the most, the belief that utopia can not be attained by man on this earth and that there is God who is in charge. Read Thomas' brillant book, My Grandfather's Son. More fodder on why the left depises the man.
Thomas has been accused ad nausem of being stupid because he does not answer questions during arguments and appears to be asleep and not paying attention. My comeback... I am sure that someone like Thomas who is awashed in common sense would find the arguments and posturing of liberal lawyers and his liberal collegues, especially Kagan and Sotoymana a complete waste of time. Their intention is not to follow the Constitution, but to twist and turn it into their own end.
I am glad to see Thomas finally getting the kudos he so richly deserves in defending the Constitution against the left is the country whose will is to destroy it.
Margie| 9.7.11 @ 2:33PM
Amen.
Rob| 9.7.11 @ 1:23PM
It is undoubtedly painful for Justice Thomas, a true gentleman, scholar, refined intellectual and unashamed American to SUFFER the rude, superficially educated, coarsely mannered and ungrateful Obama. Rich irony, both being black.
Lloyd Braun| 9.7.11 @ 1:27PM
All this scorn directed towards the TEA Party, when the real damage to America is being done by the democrat party!!!
Intelligent Design| 9.7.11 @ 1:48PM
The Tea Party's main focus is to uphold the Constitution, so the Tea Party is a natural enemy of Obama and his fellow Demo-Socialist Party members.
Al Adab| 9.7.11 @ 2:16PM
Isn't all the Left's criticism of Justice Thomas simply racist? If not, why not?
Lloyd Braun| 9.7.11 @ 2:23PM
Got one word for ya -- hypocrisy!!!
idalily| 9.7.11 @ 5:34PM
Because they are liberal and are psychologically incapable of racism, while conservatives are automatically racist from birth, at least until they can be whipped into a guilt-laden frenzy, repent their evil conservative ways, and vote for a candidate just cause he's black, thereby proving their racism has been wiped out. See how this works?
shipley130| 9.7.11 @ 4:31PM
I will be hiring a florist friend of mine to build a beautiful arrangement for the Obamacare casket.
PCP Smoker| 9.7.11 @ 9:24PM
Excellent piece. Toobyn, and the rest of those leftist creeps, must believe those of us on the Right have the same disregard for history as those kook leftists do.
POST American | 9.7.11 @ 10:12PM
--------------------BOTTOM LINE----------------------
Putting aside for a mment the FACT that over 90% of our medical establishment is, in one form or another, under direct control of the deeply sinister, TAX FREE, Rock--F--L--O eugenics cabal --------
How could a country like ours, with dollars in
tax on a single pack of butts, a single drink, etc.
--be having ANY difficulties with funding health
care????
--------------------------??????----------------------------
Timely Renewed | 9.7.11 @ 11:17PM
The underlying problem is the Supreme Court precedents which have so vastly expanded the interstate commerce clause since 1937. All arguments against Obamacare labor under the overweening burden of 70 year old Supreme Court interpretations of the interstate commerce clause which have expanded the reach of federal power far beyond any original understanding of the scope of that clause. While Justice Thomas has opposed that expansion, other supposedly constitutionally conservative Justices have shrunk away from challenging those old precedents.
Until this fundamental distortion of the Constitution is addressed, the leftists will always find other ways to expand federal power over healthcare and every other aspect of our national life even if the litigation against Obamacare is successful, which is not certain. The only sure way to stop not only Obamacare, but the innumerable other ways in which the federal government has increased its power beyond the original scope of the Constitution, is to reverse those Supreme Court cases and restore the interstate commerce clause to its original meaning. Given how entrenched these Supreme Court precedents are, I believe that this will be best accomplished by a constitutional amendment restating the original, very limited scope of the interstate commerce clause. See http://www.timelyrenewed.com
POST American| 9.7.11 @ 11:20PM
-----------------BOTTOMLESS LINE-------------------
---And as we write we learn the deadly gardasil
vaccine is being made MANDATORY in Mexico.
------AGAIN, that ROCK--F---L---O world
EUGENICS OP. WHO can now deny it?
---------WHY ARE THESE PEOPLE AT LARGE?
----------------WHERE ARE THE MEN?
Steve| 9.8.11 @ 1:08PM
Where was Toobin when the judge in California, who is gay, was able to rule on the case overthrowing the electorate's vote to disallow gay marriages in California?
Mike| 9.12.11 @ 1:59AM
Just remember that the chief architect of the "High Tech Lynching" that Justice Thomas referred to in his biography was Joe Biden. Biden is another one who Obama said that, "Nothing gets past old Joe."
Obama and Joe are both racists who sneer down their noses at their intellectual superiors. If you added the IQs of Obama and Biden together the sum would not exceed the outside air temperature in Minnesota on January 1.
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supra | 10.18.11 @ 1:41AM
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