Avi Nelson - Obamacare

This is not -- Nelson welcome in the program on this. Hot summer day. Boston. These around here right now. Have room crew whether I had. Ninety plus degrees is the expectations for today. The phone numbers 877469432. Tune it's told -- text message. 68680. Email address any Nelson. At WR Kerio dot com. Well just. We're starting we're doing we've got to look there's the obvious subject today and that's we're gonna talk about it up pretty good sized -- we can't. With regard to health care and Eric Holder being. Cited for contempt in the Justice Department saying he's not gonna think that aren't gonna prosecute. Show oil. We'll talk about those things in implications politically and where Mitt Romney issue where everybody goes. But I do want understood to begin with a little follow up story. With regard to the bus monitor member of the sixty year old woman. Was verbally abused by those -- -- thirteen year old boy's seventh graders. Petition because a number of people have talked about that story now and they. They've taken the position that somehow all she wasn't an effective monitor and what's she doing -- anywhere she can't control him. I find it interesting because. That's not the story at all that's not what's happened here that's not why this has become a phenomenon. It's become a phenomenon. Because. Everybody saw their own grandmother. In that in that episode. And they saw. A woman being abused verbally abused really horribly abused. And everybody's centralized so that's why they shouldn't so much money I think it's it's up to 667000. Dollars. Who sent him anyway. The continues to make news because. The school system. In this town of Greece which is a suburb of Rochester. Has come up with -- its decision it will suspend. The middle school students from school. And from using regular bus transportation. For a year. Not much that I going to school they don't need -- there's two schools sources regular bus transportation. They would then nonaligned deride the blushes. In the town of Greece either in addition. The students will be transferred to a special alternative education program. Because the district is legally required to give the students and education. Also each student will be required. To compete to complete fifty hours of community service where a senior citizens. Which is a nice touch. Then they'll be able to real line a middle school after they complete the discipline. So. That's what they've done and I hope as I said while the parents took him to the woodshed. Thirteen years old he is not too old they're good old fashioned for rationing. I'm not talking about you know maiming and talked about it. You know good paneling on the rear end so that they understand what it's all about. This storm system said in the statement by the way that each of the students involved admitted wrongdoing. Accepted the consequences. And agreed to let the district publicly release the terms. Of their disciplinary action. So. That's where a chance. And I'm very well and she's actually handled this pretty well. She couldn't be reached for comment on Friday but. The police have said that she can discount -- the woman -- abused did not want to voice to face criminal charges. She asked people to leave the boys alone. She said don't threaten them that's not the way that go about doing things she said they're just kids. Mention I don't wanna judge anybody or put them in jail or anything like that I just want them to learn a lesson. Well yeah that does include judging Joseph Kennedy judge right. So that should the story -- probably when low fade from view. That session was still. 667000. Knowledge. As a shadow wonderful get copycat turn. -- some 65 year old makes you do three or four kids -- But still it let's go viral. Most but the money. Night. Anyway when you for the abuse you get on the air -- that's right that's a good idea or Shaq let's start a fund. Well UP of not only would arrange some college to golden abuse me. Verbally that is. The Supreme Court of the United States. Has managed to come down with what can only be described as a bizarre ruling. And they. The bizarre nation it has to apply to one person. Everything else who is where everyone else. Was pretty much predictable line -- and -- reasonable. In the sense of my agreeing with them that. Reasonable in the sense that they were true reform and they said things that were consistent with their philosophy. And then we get to the Chief Justice John Roberts. Whose behavior in this. It's hard to understand. And as I shake and can only be described as bizarre. I finding uninteresting now that whole bunch of people are saying. Oh yes we can see how Roberts did this week it she why it was consistent. What's interesting about those comments is. They see it now is how clear -- path that was and yet before he made it not a warm of them. Speculated. That -- is what he was going to do. Show it's so clear but they never so much so I guess who wasn't so clear to -- him. And everybody thought this was going to revolve. Around the mandate is it constitutional. Is -- not. Well it turns out that no you can't have it. By virtue of the commerce clause which. Everyone thought was the focal point. And instead. It wasn't there Robertson founded OK. Under tax. Provision that the congress can apply. Now granted there were four other justices. Who sided with him on that but first for the justices. Are the liberal members of the court and then in favor of any expansion of government. -- may be comfortable if we made this place into the Soviet Union the former Soviet Union. -- -- You know you're game you expected from people like Ginsburg and and Souter and and and it Sotomayor. In any of those. Those people are always in favor of any expansion of government governmental power. But Roberts ought to know better. What difference does it make now if you give the congress unlimited power to attacks. But say okay I'm limiting the power. And in terms of the commerce clause well then maybe some silver linings on this. There where there's a very interesting. Column written by. James Stewart. In the New York Times. Were you pointed out that at the very least now for the first time the commerce clause. Has been restricted and that may be of some advantage going forward. You know up until now that the commerce clause was just an unlicensed interpreted by the court to be an unlicensed. Rule of the constitution to allow congress to do whatever once they even ruled that they could limit under the commerce clause. -- -- Growing wheat for his own consumption. Even though he wasn't marketing and elsewhere. Shallow. No libertarians. Can declare victory here. John Eastman who's quite good as some on television golden days GOP's conservative constitutional scholar professor at Chapman University. And he said quote we finally won -- three decades long battle over the commerce clause. -- here's what. Here's what Roberts wrote about the the commerce clause. We focused. On. Activity and in activity. And and -- that you know this is. Not buying health insurance is inactivity. As Roberts supported the wheat farmer was at least actively engaged in the production of -- each. And the government could regulate that activity. Because of its effect on commerce. The government's theory here meaning in an indication. Of health care. We affectionately override that limitation I'm still reading from Roberts. By establishing. That individuals may be regulated under the commerce clause. When whenever enough of them are not doing something the government would have them do unquote. Thing you do when you put it that way you she. -- the absurdity in my view but the extraordinary reach that the -- had with regard to the commerce clause that has now been declared. Unconstitutional. Again from Roberts. The commerce clause is not a general license to regulate an individual from cradle to grave unquote. Well those of us -- are libertarians and believed in a little bit of restriction. Britney applauding that right so far so good -- -- I understand that some of the people McCord when drivers change. Who is reading this decision but great we've won. And many turns around and -- he does this nonsense with a touch. So anyway. At least there is something that may have no longer lasting victory were all focused now on what happened. With commerce -- with the health care. Legislation. But this may be very helpful later on that final. There are limitations. On to as to what commerce can do what congress can do with regard to the commerce clause. Though if you're just joining us this is where we should start today which makes sense. -- big decision with major implications. -- Nelson welcome to the program our phone numbers 877. 4694322. That is still free. The text message code is 686 shady and email address and Nelson had wrko.com. Another of course also well before I get to Charles Krauthammer. Who's probably the preeminent. Commentator in the United States he's also a psychiatrist. And he came up with a curious psychiatric. Analysis -- called that but that's what it is. Which she wrote -- in investors business daily -- is syndicated columns you can probably find it in a number of sources. When you're shown -- figure out. How good was that Chief Justice John Roberts. Could joy lane at the liberal wing of the Supreme Court and uphold the constitutionality. Of obamacare. And basically what he comes down to it and he says. Roberts. Had a dual role. There will cause schizophrenia has split personality but that's basically what they on the one hand yes there was -- the theory. And that he wanted to he wanted. To give the narrowed. Definition. To. To try to come up where it that the law was unconstitutional because she thought it was but on the other hand. He felt he had a responsibility. To preserve the reputation of the court somehow and not allow the court to be. Viewed as partisan. Harking back are supposed to 2000 which in the wishes them some time ago. Number of the election. And they had a make a decision as to who would want the election. Gore got more votes not popular. Vote -- in the popular electorate. But they ended up on a 54 decision along partisan lines. Giving the election to George Bush profound implications for that. And of course who is the claim that the court wish I was going along along party lines and short launch. And and somehow -- -- thinks that this weighed on. This and other things weighed on Roberts mine so he wanted to find a way. To make the law constitutional. So that the court would not be viewed as. -- partisan. Differentiator. Among the political factions in the country. -- she put it. The law stands on reading from -- and a hammer -- the launched and thus are being any charge that partition court. Overturned duly passed legislation. And yet at the same time the commerce clause is -- him. By denying that he could justify the imposition of an individual mandate Roberts draws the line against the inexorable. Decades old expansion. Of congressional power under the commerce clause fig leaf. Unquote she -- where he's done with this. Now I don't know where there is right or not. Never meant for Justice Roberts. I'll defer to Krauthammer it's an interesting attempt to explain. What is really strange. Behavior strange decision. Because. Nobody thought. The potential part of dish what's important. Obama has run around the countryside saying it's not a tax. Now it's true that. His own Justice Department and arguing before the Supreme Court. Did get to at one point that's sort of the lowest argument was attacked but the other justices didn't pay much attention to it. So inherited truly strange. And maybe this explains it. But there's a key point here and that years. That. There's a reason we don't elect justices. There's a reason these people are appointed for life. And that is they are not supposed to be subject to the pressures. Of what's going on in the outside. If chief Justice Roberts doesn't have the intestinal fortitude. Just stand up and say I'm not going to worry about the public opinion of the court. If he can't do that and make decisions on the base of what is right if he's worried about the imagery here he is on the wrong job. He ought to step down. This is not what we expected -- just to do the fact that congress passed legislation. Doesn't mean that the court has to defer to what otherwise why have a course. If congress passing legislation automatically says that's going to be the law of the land because congress passed it. -- one ought to bring up to the Supreme Court. So even if you accept trying to Emerson Nelson social thing like it that this doesn't make sense. Okay your thoughts are welcome -- -- we're gonna have to pause for commercial break. And back on the other side. -- -- Are you suffering with joint. Welcome back this is John Nelson one of the program tonight if you're just joining us. -- -- started with -- question of Obama care of the Supreme Court ruling and where to from here you -- Locations you thought you welcome phone number toll free 8774694322. Text message code. She X 8680. And the email address saying Nelson and wrko.com. From 781. It's. This text message on the Harriet Myers looks pretty good not. Remember that was. Bush's pick. Earlier pick on and then -- she was -- Jewish his personal attorney. And not really a level of this record but yet you're right you hit it Harry imagine ever gone on the court. And come up with a bizarre ruling like this. -- really say see we told you she's not she's just not up to the the level. Home where you have to be she can't figure out. Roberts of course has a credentials for scholarship. -- before -- go to telephone lines as this one and in Pamela we've introduced him but I want to emphasize one other aspect of this. And that is no question now whether it's attacks. Because. The president both as candidate and as incumbent. Drew has run around the countryside saying no taxes on the move no this is an intact. Given the government's argument. Short of abandon it. And called it a penalty which uses. But Justice Roberts called the tax. Now the question is Mr. President is -- attacked. Well before let's just established. Remember this one this really a famous or maybe infamous interview with George Stephanopoulos. Who went in the dictionary. To look it up as if somehow we needed the dictionary definition of attacks and confronted. Obama which pushed gave Obama an opening them make him Stephanopoulos took a little assured. But here's a snippet from from that you reject that wiretaps or reject that notion okay -- after they got finished. -- Merriam Webster's dictionary. He actually rejects that attacks. And we have another. Another clip this is Obama speaking nod nod in an interview bush being from the podium. Yeah -- -- to affordable accessible health care. And that should never be purchased with a tax increases on middle class I. Then there's applause by the way you know I said gap in there we would put down in intentioned because. He there are some other words in between that had nothing to do with changing in the context of this but I just want to play fair. But you know addition he emphasized and then not none attacks. Well now the Supreme Court has declared it to be attacked so whereas I leave the president. -- where she gave a statement afterward -- he kind of -- them all about it. And didn't didn't wanna talk about whether or not attached any -- understated by saying. Let's not talk about this and more let's move on yet -- it's fat chance for Mr. President. The numbers have consistently shown that the American people. Do not approve of this to have of this stature of this mandated this Obama care. And at the numbers are not close have been among voters around 5540. All the way through very unusual actual laws passed to people still don't like it. Shall there we go okay your thoughts are welcome and other fun stuff to talk about with regard -- this issue. So let's go to the telephone lines and first up Dave good afternoon nearly icebreaker game. My -- is this is called. Sour grapes. Let me take out -- -- I'm sorry let me enjoy -- gesture -- moment to inform the audience. Had we we didn't we're not doing anything selective and I didn't call Dave Dave was the first one to call -- and therefore he's the first one up right. -- OK okay glad. Ali this is -- how great it is. Predictable will you in the other right wing. Top -- holes and gas. -- this one is sure about the call the radio station -- -- Jon Robin -- I want John Roberts but. I could assure you that it -- went the other way he would've said you know that the -- degraded. Think that says -- spread. This is so unpredictable. I look at you guys who did this why did you not consistent at all. By day now look first saw like I doubt. Under any circumstances I would have compared the Chief Justice to sliced bread I don't do that you but. But if you're right you're absolutely right gave it just shows robbers had come down with a decision that made sense I would have applauded when he comes. Down with the decision then. Nonsense -- I criticize. A bit what do you mean it make sense that I -- just because they could see you. Doesn't mean that it was -- Dave Dave. Is his attacks. He is isn't attacks. -- it well it's probably as. All right George Brett Favre like but you heard. You heard we just played the clip of Obama says -- Lucent's. No you know let you know -- -- -- probably did because he muttered an app the year candidate. I'm Mitt Romney says. Probably did OK today most of the cupid individuals. The -- you and I think getting back. -- what are however well then let's stick with the with a -- which is a much bigger issue the more we'll get to run out okay. -- -- where Obama said and we played a clip and there are numerous clips where he says time and time again. That they'll be no taxes on the middle class. And -- attacks. Was he misleading the public was he lying was she just ignorant watch. No I know I don't think you'll lose any of these. The one wall is biased I just think -- maybe maybe. Maybe he got his facts wrong. He got you can't you mean the prowl bombings. If current body you know. Army now holding your word and again what would you -- it's not strong that's a matter of lack of knowledge it's ignorance -- -- hit it back we're stupidity which is worse. Okay that activists. Myself to tell my colleague if so my friend wrote down exactly what the game plan was going to be. When you -- I thought he would like to say I hope this tactic now we can run on that. Men are bad then negotiated jarred Robinson doesn't have any. And then venues fans didn't go to make up all the English -- it is -- good thing is this new -- How great -- lead the country. Changing there's no right. -- haven't within the country and huge your country is change because you are you'll have a president who stood up there and said time and time again no attached as you're singing the current. Are they RB you know. Actually going to make fun of Obama and it. -- I'm having a lot of well in twice. That's Dave I'm having a lot of help you -- ignorant and not know what yeah. Crowded in here and all I know you'll say I didn't know about Obama didn't look like him -- -- -- didn't mind every other week we're talking about the president should you want to really thank you can't talk to -- you Ramallah that you probably -- It gave me you don't. Hello. To afford the laughter. And that should never be purchased -- Chris -- -- middle class. Were heard just on time with matches on new -- them. I would say that the tactically you should go to individualism. Like myself individuals like you brought me. I don't know bio about you but you weren't the president. Shouldn't go to middle class Mickey. Happy if you don't know about lead and I surely don't talk like just Sally. You have a very well how -- a day and that's not the issue the issue is this is attacks that's gonna fallen middle class families are Thomas said no taxis and you said. Ozzie put it the last time. We knew that we know that you guys. Picked -- point one I'm gonna do this once you thought you gotta make up. Do you think they do admit that and they on the don't think you can run on -- yeah -- -- so good. Dave I was not the one who called Obama ignorant you work. And I and I OK is it it is attached to you said -- -- just Roberts says that that. They know to help kill -- -- The use or lose it's 201 -- yeah yeah it's where you are. Every I can go -- my almost get a stop talking about you -- I just find one that's one last night one. Point gave you continuously. Come back to -- an argument that I consider silly about now the country's changing. Does that include the results of the 2010 election. RV and a back. Rice is why I am a fitness fun sometimes -- would you it's interesting because if I'm. Is that we have two different conversations they won the point only one good. Yet -- -- laughed like yeah. Bill would not echo in the Wall Street Journal that these suicide rates for individuals like you wind up half that the that they get -- -- No but the contribution rate did two run to Romney's campaign thank -- -- if he it. Right. And they it is hitters -- is I think to date since that decision. The Romney campaign has done some like four million dollars in contributions. They got 200000. Dollars. In the first hour after the decision came into my former roommate and I actually donate a hundred dollars after the ruling desire I says well. So I just it shows you that people were galvanized this by these people were offended now I will say that's. That then you see the problem by the way before release date machine of the promise the other side is having. They end of saying -- -- he really regrets. Show Dave had to acknowledge it's attached. Frigid more than the Obama administration. Is doing they're still saying it was intact the Supreme Court got Iran. It's the laws upheld by does not attack other you maintain that. And then you wished he would ask Wacom Obama says it is and attacks when. When you guys and the Supreme Court now say it is and -- they end -- now well all Obama was ignorant. Well well yeah that's not a good campaign position to -- and vote for my candidate he's ignorant that. He'll he'll do wonders for the country based on ignorance. Now I rules say that Mitt Romney is not the best messenger here. Because. He. Imposed a very similar mandate and similar attacks on the people of Massachusetts. But he's what we've got. And he has plunged to get rid of obamacare he may actually differentiate shouldn't that a lot of people don't. And that is that is OK for each day each to make a decision in fact let's let the states make. Decisions about health care and we'll find out which plans are good which ones are not good for the marketplace will do she is Romney's argument. But the one size fits all or federal mandate should not be done from above. Should the government the federal government should not be able to. To issue a mandate requiring people to buy health care. The difference is from England to Harvard Law School most people when they object to the mandate -- Government should not be able to impose this on people they don't differentiate. Between. Federal government and state government and in that regard they part company with -- me. But Romney is saying he's gonna get rid of Obama care and right now will take it. Right so the alternative here she is not between the ideal and there would be demon. This is always a contest between the two candidates which one would better for the country. More if you prefer the more cynical view which one will be less bad for the country. And in that case it's an easy decision and the proof of that is four million dollars. Going into the Romney campaign and harsh judge roommate. Sending in a hundred bucks over it. That's shows you how people got -- ties into action when people are motivated. One way they can react if with the checkbook right like with the poor grandmother the bus monitor. -- -- a way of people saying we don't like what's going what went on and we want to do something to express our opinion same thing here okay. Your thoughts -- welcome back into the telephone lines that are in your next on the program good afternoon. While there was hoping they'll actually question that would like -- gave so maybe you'll call back. -- I would like to know. And maybe it's not doing as well if obamacare it's so great. Why then I had a it is not starting to 2014. Obama doesn't -- The other question I would like to know is. Well if it's so great why the congress that exempts itself from its. And the other question is if it's so great what do they have to hire 151000. IRS Gestapo agents. Doing important. Just a little god please call back. Now and they've got you one of the few people in the audience who called in once gave the call back out most of the time. I get argument social and led the Avon really was on too long but we do have. However ruled Marion and that kind -- rule that it's one telephone call her program. Because otherwise we end up not giving other people a chance so well we'll have to let go and go. But beyond that you're actually writing and by the -- 2014 Obama will still be in office but of course she will have been reelected. And the reason they did this way here's you know by implication which you -- They gave some of the goodies now like if you're 26 you can saying your parents plan in and the -- can be preconditions. And if you're ill before and etc. and they deliberately held off on some of the caution this. Let her run to see if they could sell it and of course Obama would not be in jeopardy so -- right. Thanks for the call 87746943. To choose a phone number 686 shady is the text message code. Let's say -- And from looking at some of these text messages here. Oh good from seven they want to share of wish I'd seen this. When he was on didn't give approval of John roberts' appointment good question I bet he was opposed to it. Let's. And that's a good text message. 617. Funny how the left is no longer complaining about judicial activism bright 781. Texted in. Get over it like they got over the bush gore election. Hello well. So yes this is not going to be. This is not going to be gotten over. This has now been shifted by the way because it's -- -- authority. Two things one. Taxes that congress impose whose tax from congress can repeal secondly. You can do this pro which called reconciliation. Which means you can do it if you get 51 votes in the senate not the usual sixty. That's needed to get legislation through. 8774694322. Is the phone number. Do we -- phone lines -- we go break okay fairway this I know some and you have hung on -- Well for the delay will be back to your phone calls right after this. What -- the latest financial news. Welcome back this is Don Nelson both number 877. 4694322. And store great CX 8680. Is the text message -- mentioned return messages. Email address -- Nelson and wrko.com. Let's go back to the telephone lines Richie you are next on the program good afternoon. I don't think I take you didn't get caught in traffic this morning. That's what you went through our own time for the program looks like yesterday. Oh yes because gosh. I would I was trying to think where was LA from my own program yesterday. He has your I want to bring everybody into enriching I was on. WGBH. On Emily Rooney is radio program. And there was an action and -- route 93. And we spend 1520. Minutes not moving at all so. It wasn't bad get to spend an hour and a half now. Again referenced that there are three. To -- people of the female persuasion and -- -- and I alone represented the roosters side right fit well thank your -- version. These series son Robert the DC Joseph Biden -- column this week. No I'm reminded stepped up Obama voted against Roberts confirmation of course. Yes that's right he did. And this is a part of me revenge you wanna tax -- folks you've got -- not gonna put a little ball off that's great conduit said that -- in November as Vilsack tells our analysis of the -- You know while I tell you this going to be very awkward war for Obama I mean is -- taxes and -- -- -- man. Who was a lawyer and therefore presumably respects and understands what it means when the Supreme Court issues a decision and even if ultimately in November the Republicans get control of the show and there's hope they will launch and Romney is elected as -- OP will be. And therefore this whole thing is overturned it will for ever remained. As the touch because that won't change the wording. Of the decision by the Supreme Court. So I now Obama has to go around and explain why it is almost like. The first George Bush -- Remember George Bush said read my lips no new judges Obama's. Time and time again said no taxes on the middle class none dime not a farthing not attend the mission and not a -- And yet here it is she's gonna have to explain how it is that it's attached. Okay -- this happened to them why he thinks people. This week -- -- well. Yes that's true there would have been an enormous you know I must say -- that I tend to give. Well as a little bit off but I tend to give people look past speaking in public. When they make a slip of the tongue no I don't I -- there is true it is true he's he's developing a pretty good list. -- okay I'll probably my favorite -- there's Michael savages Goodyear has. He said you're not committed anywhere else except here it has to do it is epilepsy and -- -- of these -- You talk about Robertson now to another and not Obama yes I I did hear that but. I don't have any I do you really think that that was a factor. I mean he did right they own real ostriches. Yeah he didn't write the decision in the middle of an epileptic fit I don't know for he has -- bush -- it. I think that was bizarre. As savage to say something like that though that's just ridiculous. You may disagree with someone you disagree with them not to make it -- he's mentally ill. My -- some people wonder about how much damage. 8774694322. The -- -- then another way to go back to the mean. The error there. That Obama made calling the Miami -- Obama he's known as being in very. That would be a very committed basketball fan he still plays a sport did when he was younger I suspect he knows there was the Miami Heat and sometimes Jamaica. A slip of the time there was sure that there are -- easy keep in mind here's a guy the microphone is always -- And how many of us have occasionally. Just had. A slip of the time I think it just happens. You just -- if you're going to be held to account I know for jumble Sean Hannity. It's forever reprieve using that common when he shed 57 states. They are you implying watch that Obama does nomination -- there are the context of that particular remark by the war. Where's that he was saying that he had visited all but one of the continental states. Meaning he had gone to 47 states and shed 57 instead of 47. Rare is the person who cannot look back on some time where the word just didn't come on right. And and to hold this as if it's something more significant. Think -- the actual -- and purchase in terms of our credibility for criticizing Obama. News coming up back on the other side -- on innocent.