America’s Koch Nightmare Continues As The Supreme Court Takes Obamacare Case

Nov 16 2011 Published by under Uncategorized

At some point in every person’s life, they have experienced  the feeling that they have ”already witnessed or experienced a current situation, even though the exact circumstances of the prior encounter are uncertain and were perhaps imagined.”  That feeling, déjà vu, literally means already seen and it may be loosely related to a recurring nightmare of some real or imagined horror that is haunting for the person reliving a frightening sequence of events. Americans will experience déjà vu and a recurring nightmare all at once in the coming months courtesy of the United States Supreme Court and if the nightmare becomes reality, it will be the continuation of conservative’s perverse brand of democracy and the end of blind justice in the judicial system.

The Supreme Court announced on Monday that the high court will hear arguments in March to decide if the Affordable Care Act is constitutional or not. A ruling is expected by July and the main point of contention, the individual mandate, is not the only issue the court will decide. The Obama administration asked the high court to uphold the individual mandate provision, but with 26 states separately demanding the entire law be struck down, the historic healthcare overhaul may be scrapped so the insurance industry can proceed ripping off Americans with impunity. If the law is struck down as unconstitutional, it will be devastating to 30-40 million Americans who exist in the knowledge that any malady that besets them will become fatal or send them into bankruptcy, homelessness, and destitution.

Although it is the first time the court will rule on the ACA, there is a strong possibility that this Supreme Court will repeat the nightmare Citizens United scenario where two Supreme Court Justices took direction on how to vote from neo-conservatives at a Koch Industries secret policy meeting.  The Citizens United case has turned out to be a nightmare for Americans who believe that fair elections are those that do not allow unrestricted and anonymous campaign contributions from corporations that adversely affect the election process as well as buying individual politicians without any accountability. The two corrupt justices who are at the center of the controversial ruling, Clarence Thomas and Antonin Scalia, are regular speakers and attendees at the Koch policy meetings and both criminals voted in favor of Citizens United after meeting with high-powered industrialists that benefitted directly from the ruling.

There have been calls for Clarence Thomas to recuse himself from any hearing on the Affordable Care Act because his wife is an outspoken activist and fundraiser for the tea party, and her particular issue is overturning the health law. Mrs. Thomas is also closely aligned with the Heritage Foundation and she founded the conservative group Liberty Central, but  she stepped down in December amid questions concerning a memo under her name calling for the repeal of the “unconstitutional law.” Earlier this year it was revealed the Clarence Thomas concealed his wife’s income on financial disclosure forms and although Clarence claimed ignorance, it is presumed he was hiding the fact that much of his wife’s income came from the Heritage Foundation that has called for the ACA to be repealed or declared unconstitutional to protect the insurance industry.

Antonin Scalia is as corrupt as Thomas for attending the Koch meetings and for his intimate relationship with the chair of the teabagger caucus, Michele Bachmann. Bachmann arranged for Scalia to give instructions to teabaggers in the House on the constitutionality of different legislation. Scalia is notorious for claiming women and gays are not protected under equal protection clause of the 14th Amendment to the Constitution. Scalia considers himself a constitutional originalist who interprets the constitution based on what he believes its authors meant and not what the document actually says. Scalia joined Thomas at Koch policy meetings and although he is not as corrupt as Clarence, his character is certainly not above reproach. However, both of the corrupt Justices have made the case they should be removed from deciding the ACA’s constitutionality based on their alliance with conservative think tanks and neo-conservative politicians who oppose the health law; and then there is the small matter of dining with the law firm that will argue against the health law.

The same day the Supreme Court met to consider whether to hear a challenge to the ACA, Scalia and Thomas attended a dinner as featured guests that was sponsored by Paul Clement’s law firm, Bancroft PLLC, put on by the Federalist Society. The Federalist Society is dedicated to advocating for conservative legal principals, and Clement is the lawyer who will argue before the court that the ACA should be thrown out; he was also George W. Bush’s solicitor general. Scalia and Thomas were guests of several groups who challenged the health law, and besides Clement, the National Federation of Independent Business, Pfizer Inc., and Senate minority leader Mitch McConnell were in attendance to give the two corrupt Justices instructions on how to overturn the health law. The fact that Scalia and Thomas attended an anti-health law dinner informs their intention to rule against the constitutionality of the law and if they were not corrupt, they would both recuse themselves from participating in any decision that may eliminate the historic healthcare reform.

Even if Scalia and Thomas were not corrupt, the appearance of judicial malfeasance and influence by opponents of the ACA should be sufficient reason for them to recuse themselves, but their history in the Citizens United case set a precedent of undue corporate influence they are comfortable living with. Unfortunately, Supreme Court justices are exempt from the Code of Conduct that governs lower federal judges’ actions and it is why the two neo-conservative activists feel comfortable meeting, discussing, and commiserating with sworn enemies of President Obama and the Affordable Care Act.

This entire scenario is déjà vu and a nightmare at the same time because if the events leading up to and results of the Citizens United case are any indication, the ruling is already decided. The Heritage Foundation has spent too much money on Clarence’s wife to tolerate a ruling that leaves the health law in place, and after both justices studied the Koch Industries tutorial for conservative activist judges, the health law’s unconstitutional ruling is a near-certainty. It is sad that 30-40 million uninsured Americans face the prospect of never having affordable healthcare coverage,  and their nightmare will continue as long as there are corrupt conservative justices sitting on the bench; especially when the two cretins are guilty of overt breach of ethics violations.

Neither Thomas nor Scalia will recuse themselves from hearing the health law case so it is up to Congress to impeach the corrupt justices for taking direction from the likes of Koch Industries, Mitch McConnell, the pharmaceutical industry, and especially the lawyers who will argue the health law’s constitutionality before the court next March. It is possible that Americans get to experience a nightmare in the making because they have seen this before in 2010 when the high court ruled against America and in Citizens United’s favor. With four full months before the court hears arguments on the ACA’s constitutionality, corporations have plenty of time to pour unlimited amounts of money into killing the law making this waking nightmare all the more frightening.

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