Fox News’ Megyn Kelly Details How the Supreme Court Makes Its Rulings
- Posted on June 28, 2012 at 11:16am by
Billy Hallowell
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This morning, while covering the landmark Supreme Court decision that upheld President Barack Obama’s health care law, Fox News’ Megyn Kelly delved into the way in which the justices make their influential rulings. Kelly explained the process that follows immediately after the group hears opposing arguments for a particular case.
“The way they decide, when they go back into the conference after the argument took place, the justices sit down. Only the nine of them go into a room,” she explained. “The Chief Justice starts the discussion as the most senior justice. He is given the opportunity to speak first, to cast his vote first. And then they go around the table in order of seniority.”
Kelly also highlighted that the taxation argument clearly captured Roberts’ attention.
“One wonders whether…on that day, at that moment, Chief Justice Roberts changed the future of the country on this law by being the first and the conservative justice to say I believe the law stands based on the Congress’ taxing power,” she continued.
Watch her explanation, below:
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Comments (95)
blackyb
Posted on June 28, 2012 at 2:08pmThere had to be a trade off or the whole thing would have been deemed constitutional. That would have opened the United States up to the expansion of Obama’s agendas through the commerce clause. What we have here is the middle class will have to deal this the burden for yet a while and since that is where the brainpower lies, will figure out ways to make this work until there are those who will be able to throw it all out. It is burdensome now, but nothing to what it would be had they been able to use that Commerce Clause to institute about anything anywhere they wanted. Give it time. There is a method to this, what appears to be, madness. It is going to work out. The states are not going to allow too much expense on themselves. Roberts know what he is doing by intrepreting the laws as they should be. He called it a “tax.” It is a tax. If so Congress may have some say once agains as to whether they want to levy this tax. The voters can vote them out if they continue taxing the people.
Report Post »In a Bunker
Posted on June 28, 2012 at 2:42pmWhat do you mean, trade off? The supreme court is not about trade-offs, it’s about defending the constitution and interpreting the law AS IT IS WRITTEN – not twisting the “fine” into a “tax”. You seem to think this has a silver lining and that Roberts was doing this so Obummer would lose the election? I really don’t think so.
Report Post »Havok
Posted on June 28, 2012 at 4:37pmIm sorry but the average voter wont see this as a “TAX” because 50% of them dont pay ANY taxes.
soybomb315
Posted on June 28, 2012 at 4:43pm@Blackyb
Report Post »So you’re saying John Roberts has this big plan in his head and pushing us more towards socialism is the goal?
tjn
Posted on June 29, 2012 at 5:24amObama is from Chicago. He had his goons dig something up on Roberts. He knew he was going to be the swing vote. I am sure they went through everything about his past. Pressure (in the form of blackmail) was put on Roberts. This vote isn’t about the health care law, that can be over turned. It is about precedents that have been set that gives the Federal Government more powers than it should have.
Report Post »blackyb
Posted on June 28, 2012 at 1:55pmObama painted himself into a corner to only use this for that which he is saying it is intended. That can be handled. What he did not win is where he really was trying to go and that was to use the commerce clause to spread his agenda. This commerce clause is the most important thing during these times. The states will and can work the other things out. Justice Roberts probably made the wisest decision of all.
Report Post »joel228
Posted on June 28, 2012 at 3:00pmWisest decision??? You gotta be kidding!!!
Report Post »soybomb315
Posted on June 28, 2012 at 4:44pm@blackyb
Report Post »get the hell out of here. you attack ron paul people and pose as a republican. your time here is over
Alan
Posted on June 28, 2012 at 1:51pmLooks like Justice Roberts is another progressive masquerading as a Republican.
Report Post »patriotma
Posted on June 28, 2012 at 2:02pmRoberts a progressive? No, we now know that this man is either a closet communist or someone has something very damaging on him and has held him hostage to it. This isn‘t over and when the IRS digs into the financial accounts and 401K’s and IRA’s of all Americans, then you will relaize that the USA has gone to the communists. They have waited patiently a long time for this. The ONLY way to stop this is to stop Obama in November. My fear is that he and his criminals will do ANYTHING to stay in office, absolutely anything. War, murder, martial law, inventing another crisis, etc. He needs to be stopped.
Report Post »blackyb
Posted on June 28, 2012 at 2:22pmYou do not know his job, so quit judging this man.
Report Post »imaginenoprogressives
Posted on June 28, 2012 at 2:36pmWelcome to the United Socialist States of America. Barry’s wildest wet dream just came true. Obama’s Politburo will now be in charge of everything. Let’s say you want to start a business? Pay off Barry and the Central Committee first or it will be taken from you by the all powerful government goons.
Report Post »SaintzOfAk
Posted on June 28, 2012 at 5:56pmOne has to remind themselves, that the U.S. Presidential votes are to be counted in Spain by George Soros’s company Diebold. Why would this sick SOB own a company that processes the votes of our election?. I think this quote says it all “Those who cast the votes decide nothing. Those who count the votes decide everything.” — Joseph Stalin
Report Post »This is where all of us should be focusing our energies right now and shouting it out loud to our elected officials that WE! The People will not let this stand. It is obvious the progressives master plan cannot not come to fruition unless they can manipulate the vote count in this country. This should be the biggest story circulating right now….were in DEEEEP DEEP $h!T folks, armed conflict is 4 months away unless we put a stop to this.
MerryColin
Posted on June 28, 2012 at 1:32pmDon’t despair people! This is a huge TAX increase. The only way it passed was because of this finding. As Burt Prelutsky said today, oblahblah will have to run his re-election campaign with this tied to him like a can or trailing piece of toilet paper.
Further, nothing will seal the fate of Congress better than this ruling. They want a fight and we are damn well gonna give ‘em one! This could be the silver lining; in fact, I strongly feel it will be. The conservatives will take the House and Senate with a huge majority to undo ALL of the damage wrought by this Chicago Cockroach and his ilk. In the end, we win!
Much like gun laws, where the criminal doesn’t obey, this law will have the same result with one exception: Millions of law abiding, decent, and self-reliant people will become criminals overnight! There is no way gubmint will tell me what to do and I suspect you either. The POWER belongs to the People— oblahblah and company just don’t get this and they have no idea what they are in for.
Report Post »Constantine Ivanov
Posted on June 28, 2012 at 1:56pmUnfortunately, we have too many cockroaches and to few Orkins and Terminixes.
Report Post »Cockroaches don’t care about taxes, they don’t pay any.
So, this “finding” (thank you, ******* Roberts!) won’t give us any advantage in November. At least, not more than the (failed) finding of unconstitutionality would give.
searching for the Truth
Posted on June 28, 2012 at 6:28pmI guess you’ll just have to ask Jesus at the End of Days ! The Lord is Sovereign, His Ways are not our ways – God told everyone in the “Word ” what would happen if they did not live by His Word. He warned us many times – Maybe it’s like trying to touch the Sun – can’t be done – I‘ve prayed for the lost and I’ve prayed for the dead – people argue with me on that as well. But , I’ll continue to pray on. I guess I should have let you vent , after all it’s your comment,and your right to love or hate God. I am truly remorseful for the tortured and killed – but, I see a way. As, Job would say, ” Even if the Lord would slay me I would still serve Him.” God’s Mercy endureth Forever. And, ” For me and my house , we serve the Lord.” There is a line I guess that we both stand across from. Once, I get There , I won’t have to look back. Good Luck .
Report Post »Okieflyover
Posted on June 28, 2012 at 1:28pmRoberts knew we had to lose the battle to win the war.
Saying it was a tax will kill this. And destroys obama’s chances.
Report Post »MerryColin
Posted on June 28, 2012 at 1:37pmYou just may have a point there. However, does it demonstrate cowardice if he didn’t want to take the heat of the right decision? I can’t imagine why the justices who ruled in favor argued that this is a tax contrary to how the case was presented. I was unaware that judges assisted plaintiffs or the defense. This is a new one!
Report Post »blackyb
Posted on June 28, 2012 at 1:50pmI believe this. Roberts is very, very, very wise. These people pray before they rule on something like this. They know. They are guided by God. No one will take this away from the ones who pray.
Report Post »Constantine Ivanov
Posted on June 28, 2012 at 2:12pm@BLACKYB:
Together with another one SCOTUS decision (SUPREME COURT STRIKES DOWN LAW THAT MAKES IT ILLEGAL TO LIE ABOUT RECEIVING MILITARY AWARDS; see http://www.theblaze.com/stories/supreme-court-strikes-down-law-making-it-illegal-to-lie-about-receiving-military-awards/), Roberts really managed to convince me that he is “very, very, very wise,” my ass.
As for praying to God with a hope He will help, I didn’t find any Divine help to those up to 50 Million of God-loving and God-fearing citizens of Russia who prayed to Him asking to save them from Bolsheviks. Bolsheviks murdered them God didn’t help.
Report Post »Neither helped God to 12 Million of Holocaust victims. They also prayed.
blackyb
Posted on June 28, 2012 at 2:22pmAgree.
Report Post »searching for the Truth
Posted on June 28, 2012 at 2:52pmYou’re gonna have to quit letting satan steal all you got Russkie – you’ll be left in hell – high -water and left with nothing. If we would have not goofed, God would have still been with us all.
Report Post »searching for the Truth
Posted on June 28, 2012 at 2:55pmGod is the Lifeline – the One to the next world – they ain’t no one taking that from me by no foolish talk !
Report Post »Constantine Ivanov
Posted on June 28, 2012 at 3:04pm@SEARCHING FOR THE TRUTH
“You’re gonna have to quit letting satan steal all you got Russkie – you’ll be left in hell – high -water and left with nothing. If we would have not goofed, God would have still been with us all,” you said.
Could you please translate it into plain English? Preferably, with no errors.
Report Post »With my poor English, I can read with no problem only no more difficult writing than Shakespeare and Walt Whitman. Yours exceeds my pay grade.
searching for the Truth
Posted on June 28, 2012 at 3:13pmMoses was punished for striking the “ Rock” not speaking to the “ Rock ” as told.
Report Post »searching for the Truth
Posted on June 28, 2012 at 3:14pmGoggle will not let me !
Report Post »searching for the Truth
Posted on June 28, 2012 at 3:17pmSorry, if your too stupid to love the Lord , you will not understand any thing I write.
Report Post »searching for the Truth
Posted on June 28, 2012 at 3:27pmBut, anyone that is gonna down our God has got an open door in my book.
Report Post »Constantine Ivanov
Posted on June 28, 2012 at 4:29pm@SEARCHING FOR THE TRUTH
“…if your too stupid to love the Lord, you will not understand any thing I write,” you said.
Report Post »If God is Almighty, why was He not able to hinder godless Bolsheviks from murdering up to 50 Million of God-loving God fearing innocent citizens of Russia?
Does it mean He is not omnipotent, not all-powerful? Or He just did not want to?
If the former, why should I love Him?
If the latter, why should I love Him?
searching for the Truth
Posted on June 28, 2012 at 6:37pmQuestion answered above for both you and Beck !
Report Post »Constantine Ivanov
Posted on June 28, 2012 at 1:27pmEven in my most dreadful nightmare couldn’t I envision that I managed to escape from one Commie country, the USSR, only to find myself in another one, the USSA…
Report Post »blackyb
Posted on June 28, 2012 at 1:51pmDo not over react. Get busy. This is the beginning of their end. Give them enough rope…..
Report Post »Americanius
Posted on June 28, 2012 at 1:26pmFrom this decision when the Dems regain unanimous control we will see tax regulated mandates that will control every detailed aspect in our lives. Mandates to buy products from union companies in exchange for union campaign contributions. Mandates for organizations like the BSA to bend over for the homosexual and pedophile agenda or be taxed. The Marxists in Congress are going to see this as a gateway for new revenue and opens up a whole new arena for Marxist regulation.
Nothing like having the 800 pound gorilla, aka IRS, standing in the corner ready to whip our obese asses into shape.
Report Post »Diane TX
Posted on June 28, 2012 at 1:22pmIt’s clear now. Obama Care is a tax hike – so says Chief Justice Roberts.
Report Post »countryfirst
Posted on June 28, 2012 at 1:16pmAnother link on the Big Government shackles have been placed, I just hope that my new grandson will listen to the story’s of what America used to be. Our republic is in a real downfall. Obama must but be dancing in our Oval office, his goal of the complete destruction from within is going to plan. I have never given $$ to a presidential campaign but Romney is getting some from me. OMG
Report Post »5XDADDY
Posted on June 28, 2012 at 1:11pmDuring the legal challenge, it was revealed that the mandate was originally stated as a tax but was later intentionally changed to a penalty. We all expect politicians to lie to us (i.e. it’s not a tax) but when a law is written, we expect the words used and therefore the law itself to have an explicit meaning. Apparently, politicians may now go to SCOTUS and declare “When we deleted the word TAX and inserted the word PENALTY, we really meant TAX”. “When we assured not only the American people, but also those LEGISLATORS VOTING on the bill that the word PENALTY did not mean TAX in order to secure a YES vote, we really meant TAX.” Then they can actually get SCOTUS to buy into their argument. In rulings on past legal challenges, SCOTUS has declared “If Congress had meant ”A“ they would have said ”A“ in the law” or “If Congress had meant to exclude/include “A” they would have stated that exclusion/inclusion in the law”. It appears that now, what is actually committed to paper in a law is virtually meaningless. This isn’t judicial activism, this is pure chicanery of the most deceitful, corrupt, dishonest and DISHONORABLE nature.
Report Post »indyogb
Posted on June 28, 2012 at 1:27pm5XDaddy, I definitely agree. I posted similar comments on another story somewhere. It is baffling how a lawyer/judge can break laws down word by word and judge their meaning, but suddenly, now, one of them thinks “well, it is really just a tax”. Crazy.
Report Post »delalune
Posted on June 28, 2012 at 12:55pmWhen I heard how the vote went and who wrote the “opinion” my first, and spontaneous thought was, “I wonder what the ”left” have on Roberts, for surely he was blackmailed for his vote.”
Report Post »tketterer
Posted on June 28, 2012 at 1:01pmMy first thoughts as well
Report Post »SoiledDove
Posted on June 28, 2012 at 1:06pmHAHAHA. Thanks. I haven’t laughed like that for a long time.
Report Post »DanielBurke
Posted on June 28, 2012 at 1:08pmNot sure he’s was blackmailed. I think it is he’s more terrified of being on the receiving end of the wrath of Obama and the viscious, liberal press. He’s a coward who stands for nothing. His past clerk described him as a pragmatist – translated means he’s a go to get along path of least resistance guy. The people are a nuisance to Robert’s top priority to be in the power loop.
Report Post »Alexandra1214
Posted on June 28, 2012 at 1:10pmThat’s Exact;y what I said to my husband … “boy oh boy … Obama must have some really nasty dirt on Un-Justice Roberts ….. Coward …. Traitor ….. Benedict Arnold ……
All I can say for me …. I WILL NOT COMPLY!!!
Report Post »bharris0
Posted on June 28, 2012 at 12:45pmRoberts will be listed in the book of patriots as a traitor. His picture will be posted right beside Obama’s.
This has no chance of ending well.
Report Post »Stone Cold Truth
Posted on June 28, 2012 at 12:59pmI should have known there was something wrong with a Bush pick.
Report Post »blackyb
Posted on June 28, 2012 at 1:53pmYou are wrong. Roberts interpreted the law and it is a tax. The rest is unconstitutional and that is saving this country by not allowing them to use the broad areas to the Commerce clause to push their agendas forward. Obama did not win.
Report Post »Xiccarph
Posted on June 28, 2012 at 12:38pmHas my memory gone bad, or did Obambi come out a while back and state clearly that this was not a tax? Was I dreaming or Justice Roberts dreaming??
Report Post »blackyb
Posted on June 28, 2012 at 2:02pmJudge Roberts knows exactly what he is doing.
Report Post »DAGNY
Posted on June 28, 2012 at 12:30pmBe careful what you wish for. All the union members who blindly supported this theft of liberty…enjoy. You’re employers will no longer have to foot the bill for your healthcare.
Report Post »coachsmac
Posted on June 28, 2012 at 12:12pmVery sad day for all Americans whether they realize it yet or not. Your fundamental rights were just thrown out the window and now you are at the mercy of whatever government and whatever idiot the people elect. This will lead to a very serious and desperate situation in this country sooner rather than later. Stock up on food supplies and ammo, the time is coming when each will be at a premium!!! God can only save us now, we have no barrier between us and despots now!!
Report Post »blackyb
Posted on June 28, 2012 at 2:24pmHardly. We will have to wait and see what happens to Holder.
Report Post »JohnG in PC
Posted on June 28, 2012 at 12:02pmIt seemed likely, after the first meeting following the oral arguments, that the White House learned the results of the initial vote and the Obama as not happy. Has anyone considered that the administration obtained some damaging information on the Chief Justice and offered him the chance to avoid its disclosure by obtaining his votes on the Arizona immigration case and the Obamacare case? He seems to have changed his position remarkedly since the oral arguments.
Report Post »Americanius
Posted on June 28, 2012 at 1:18pmYou know Kagan and Sotomayor were on the phone with the WH.
Report Post »Probably relaying directly to their fellow justices that the fix better be in or else don’t walk near a bus.
Aunt Nee Nee
Posted on June 28, 2012 at 11:53amIt’s obvious that when they go into conference, they don’t take a copy of the Constitution with them.
Report Post »Detroit paperboy
Posted on June 28, 2012 at 11:48amEven if we all stopped paying taxes to this federal mafia, they will just print their money, and send the bill to our grand kids…..Criminals, all of them, criminals…………the rest of the world hates us because of our drunken meddling federal govt, and I now know why, wake up people, our founders warned us,,,,
Report Post »Uechi
Posted on June 28, 2012 at 11:45amClose to Revolution time. As things are now either this generation or the next will live at best in a European Socialist Society at worse in a Totalitsarian state. I for one will pray every night that Obama disappears along with his Marxist minions.
Report Post »bitemebiden
Posted on June 28, 2012 at 12:45pmSeems like our government’s been poking us to see what makes us react, so far all we’ve done is complain. I wonder if we’ll ever organize.. I believe that’s why they tested the “national” broadcast system to make sure they can bring down the internet, phone, TV and radio communications if they need. No more organization/communication.
Report Post »michael48
Posted on June 28, 2012 at 11:43amat 65, I got to live in America, raised in the sweetspot of our countries existance…the comrades…bloodsuckers inc. in the dem-wit parta…have just given YOU to the UN Socialist Club…enjoy serfdom…dam glad I’m not one younger than I am…BTW union fellos…can’t waiver a tax…bend over , rover…
Report Post »searching for the Truth
Posted on June 28, 2012 at 3:06pmNo, I’m sad for my kids.
Report Post »ElChupaCabraDeUSA
Posted on June 28, 2012 at 11:43amWe still hold the power to vote and vote we must in numbers larger than have ever been witnessed.
Report Post »SAMADI-SOUL-CRUSHER
Posted on June 28, 2012 at 1:15pmIn Minnesota the Dems have been playing with votes for the last few elections.
Report Post »Seems to be more voters in certain districts than are eligible !
how do you think Al Franken won ?
Or our current governor won. Its obvious the man is on serious meds or he has a mental disorder!
Both of those elections were close. Al’s was statistically so far behind that he should of never have closed the gap!
But math miracles do happen!
DeOppressoLiber
Posted on June 28, 2012 at 11:43amTime to dig into Roberts past and Link analysis of his connections. Or what does the Obama team have on him
Report Post »infortheride
Posted on June 28, 2012 at 1:44pmNo need, Obama will claim executive privileges.
Report Post »RougeFastFingers
Posted on June 28, 2012 at 11:32amEven our highest court will not support our liberty, the founders feared this and now its come to pass.
Report Post »Optimist4now
Posted on June 28, 2012 at 11:26amLittle by little, swaping liberty for security……….. evidently we deserve neither.
Report Post »Welcome comrads
HorseCrazy
Posted on June 28, 2012 at 11:24amgoodbye freedom its been good knowing you.
Report Post »