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Sha'ban 18, 1433/July 8, 2012 # 29
Dr. Wilmer Leon discusses the supreme court decision on 
health care. 
Please scroll to end.
Spotlights from Imam Badi Ali, Jamaat al-Muslimeen Shoora, 
North Carolina
Capitalism is collapsing from within in Europe
- 
Spotlight #1:
 - 
We are witnessing the collapse of capitalism 
owing to corruption, deception, and illegal practices. 
{Check out the British bank.]
 - 
Spotlight #2:
 - 
Instead of fixing the problem, the capitalists 
are protecting it and avoiding it by increasing  taxes and 
thus burdening the masses further.
 - 
Spotlight #3:
 - 
The problem of corruption cannot  be solved 
because it is protected by the corrupt who are in power. to 
protect themselves and to protect the other corrupt ones. 
 - 
Spotlight #4:
 - 
If the problem is not solved, it will 
gradually affect all of Europe. We can hear the noise as the 
creaking of collapse goes on.
 - 
Spotlight #5:
 - 
The problem cannot be solved by finger 
pointing and accusing others. This collapse is linked to the 
collapse of vision and understanding.
 - 
Spotlight #6:
 - 
In Islam, our system is based on honesty, not 
on profit. So, as Islam spreads, it will not allow 
corruption.
 - 
Spotlight #7:
 - 
Egypt is a key nation and can change the 
situation in Palestine. However, does newly elected 
President Mursi have real power? The Supreme council of the 
Armed Forces is still in charge. What will Mursi do when 
confronted with the military's power.
 
Breaking News: Till July 8, NATO supply routes remain 
blocked.
Pakistani Regime Opens NATO Supply routes. Thousands march 
in protest: NATO still blocked.
USA offered $1.1 billion to General Kayani to re-open the 
routes. He Agreed.
On July 3, Pakistani regime and the US announced with great 
fanfare that an agreement has been reached to re-open the 
supply routes to the NATO occupation armies in Afghanistan. 
The "agreement" was denounced by Islamic leader Syed Munawar 
Hasan and a peaceful mobilization of unarmed people began to 
block NATO's supplies.
On July 7, the Islamic coalition known as the Defence of 
Pakistan Council [DPC] held an All Parties Conference [APC] 
in Lahore to finalize the Pakistani peoples' response to the 
opening of the supply routes. It was an impressive gathering 
of 50 organizations and parties led by Jamaate Islami, 
Jamaat ad-Dawa and Jamiate Ulema-e-Islam led by Maulana 
Sami-ul-Haq. Unfortunately Imran Khan and Fazlur Rahman did 
not attend.
On July 8, thousands of volunteers started a LONG MARCH from 
Lahore to Islamabad to protest the re-opening of the NATO 
supply. In intense heat, it was a highly motivated but 
peaceful crowd. As we go to our deadline, the march has 
stopped in Gujrat, hoping fo pick up more support.
The regime has banned rallies in Islamabad in response to 
the Long March. The government controlled media are telling 
people that the supply routes have only been opened for 
"non-lethal" material.
New Fighting in Frontier areas: Groups outside the peaceful 
coalition have warned that they will use weapons against the 
supply columns. General Kayani is visiting military units in 
upper Dir to pre-empt Islamic attacks. On July  7, Pak 
Taliban attacked Kayani's military in southern Waziristan. 
Eight military are reported killed and 5 wounded. No Pak 
Taliban losses reported. In Kohat, a gunfight left a police 
officer dead and two wounded.
Afghanistan: Steady fighting hit and run style
Icasualties [a survey group] is reporting 8 NATO troops 
[mostly US] killed in Taliban attacks in the first week of 
July, while 39 were killed in June. A  number of police and 
tribals and officials supporting Karzai have also been 
killed.
Syria: Cracks appearing in Assad's regime.
At the end of June, 33 Syrian officers crossed over into 
Turkey and have joined the Syrian defectors fighting Assad. 
In July there have been more defections including a senior 
general.
There are reports that Turkey is smuggling small arms and 
ammunition to Syrians opposing Assad. However, Assad's core 
military consisting of Alawites and Syrian Christians 
remains intact and well armed.
Human rights groups talking to refugees and defectors have 
pinponted 27 torture centers run by Assad.
With thanks to Salim Mansur Khalid
Bangladesh: Show trials of Islamic leaders
Forty two years after the collapse of East Pakistan, the 
Bangladeshi government is claiming that Islamic leaders like 
Prof. Golam Azam committed "crimes against humanity."
Israel-type "holocaust "stories have been distributed by the 
regime which is trying to deflect attention from serious 
economic problems and exploitation by India.
Details of the trial which we have received show that 
identities of "witnesses" are being concealed and the 
defense team is not being permitted to question the 
witnesses.
Poverty Stricken family in Pakistan needs help. 
Non-political Average people
Pakistani Sunni Muslim family need your help. Thank you! May 
Allah reward you. Send your donation by global money order 
to:
Shamim Ahmed Khan, House # 864, Block #18, Federal B Area, 
Karachi-38, Pakistan
Latest Juma' Khutba
Under the Ummah system, we are a global power of 1.8 billion 
Muslims
Under secularism, we are 56 helpless Tin Pot "republics." 
Heat wave shows plight of America's elderly, sick and poor 
living in cities meant for the rich
On July 6, 2012 Br. Kaukab Siddique gave the Juma Khutba and 
led prayers at a masjid in central Baltimore. The prayer 
area was crowded and arrangements had to be made to extend 
the area in the dining section. There was a good mix of 
African Americans, Africans, Pakistanis, Bangladeshis and a 
few Arabs.
Here are the main points of the khutba for wider 
distribution:
- 
We have faith. That's why we are here today on this hot 
Friday to pray Juma' together.  How to turn this unity which 
we have at prayer time into social activism which would 
transform the entire community and the world?
 - 
We must identify ourselves as Muslims. We are Muslims 
first and last and then other secondary identities. We are 
Muslims who are American, or Muslims who are Africans,  
Muslims who are Bangladeshis etc. The place we were born in 
or live in may be the result of the fact that Allah has made 
nations and tribes.
 - 
But Islam is a spiritual and moral choice which overrides 
all other identities we might have. If in our minds we think 
that being Muslim is just one of our identities, we will not 
succeed in this world or in the next.
 - 
Being Muslim requires knowledge. We need to know what 
Allah wants from us in the Qur'an. We must know what the 
Prophet, pbuh, taught us in the hadith. Without this 
knowledge we are ZERO even if we have Phds.
 - 
Knowledge means also that we must know the country and 
the people among whom we live. If we live in America as if 
we are in Pakistan or sub-saharan Africa, we will be 
stumbling along.
 - 
Knowledge of Allah and Muhammad, pbuh, leads to 
compassion, mercy and generosity. We must know the needs of 
our families, our neighbors abd our communities, If they are 
really needy, we must help them in their needs without 
cooperating in anything evil.
 - 
Always remember that we are not a minority. We are part 
of the GLOBAL UMMAH of 1.8 biillion Muslims. United we can  
make Israel collapse just by looking at it with righteous 
anger. One point billion Muslims could make Israel 
disappear.
 - 
If we follow secularism. we are merely 56 tin pot 
republics begging for America's favors. So always remember: 
I am a Muslim [not I am an Egyptian Muslim or an American 
Muslim.] Without Islam you are NOTHING.
 - 
Unite with the oppressed people where you live 
regardless of whether they are non-Muslims. We have 
African-American activists among us. Stand with them against 
racism and Zionism.
 - 
In these 100 degree temperatures, we can see that 
American cities were built for the rich. Look at what 
happens to the poor, the sick, the old when the electricity 
goes out, the air conditionsers stop, the apartments become 
death boxes in which the weak and the dowtrodden suffocate. 
Think of what is happening to our communities in Africa 
where the wealth has been stolen by France, Brirain, USA, 
the multinational corporations and even  basic needs cannot 
be met. Our diamonds and gold and uranium are stolen by 
international exploiters [Jewry] and friends of Israel
 - 
Knowledge means we should know what the Zionists and 
imperialists are doing to our ummah in Palestine, Kashmir, 
Pakistan, Afghanistan, Iraq, Nigeria, Somalia, Sudan.  Don't 
pretend that it has nothing to do with us. Bangladesh, one 
of the biggest Muslim communities in the world, has been 
struck by a storm. Do we even know? Do we know the great 
sacrifices of the people of Syia and Egypt and Libya against 
tyrants? These are great victories.
 - 
These are the times for Da'wah, peaceful but organized 
efforts to help the oppressed. But charity is not the 
solution. We must stand against the oppressors.
 - 
No unity is possible without the unity of the family, 
without the equal participation of the husband, the wife and 
all members of the family in the united struggle of the 
ummah.
 
by Kaukab Siddique
In Memory of the Red Mosque-Jamia Hafsa Uprising.
One important reason why the Paki military destroyed the 
women's seminary in Islamabad was that for the first time 
women who were steeped in Islamic traditions were resisting 
the most oppressive male power in Pakistan: the military led 
by
the epitome of male tyranny, the pro-Israel tyrant General 
Musharraf. Hundreds of young women were killed but the US 
media claimed [taking Musharraf's word] that not even one 
woman was killed. Musharraf was more concerned about his 
elite
commando officer who tried to break into the women's dorm 
and was killed.
Time and NY Times published outright lies about the way 
Musharraf suppressed the innocent young men of Lal Masjid 
and the pure and blessed women of Jamia Hafsa.
As long as the tyrant is not brought to trial, the blood of 
the pure young women/girls will cry out for justice.
Our America
Understanding America: What Has Gone Wrong with this great 
country?
[Thoughts on July 4.]
by Kaukab Siddique
Millions of people in America work hard. They are punctual 
and meet deadlines. There is freedom of expression and 
freedom of religion. Laws have been enacted to safeguard the 
rights of African Americans. Racial discrimination is 
illegal.Women have rights. Chidren are protected by law. 
Charities collect and disburse large sums to help those who 
are  unable to take care of themselves. The elderly have 
discounts. Those with disabilities have special parking 
spaces and entrances. The country is beautiful and has all 
kinds of terrain ranging from deserts to lush forests. The 
rights of animals are zealously safeguarded. The highway 
system is superb. The medical  facilities are the most 
sophisticated in the world.
So why is America in such a miserable situation? Why is it 
drifting like a ship with no directi9on on the high seas. 
Why is everyone so unhappy?  Here are the shocking 
realities:
- 
The rugged individualism on which this country prospered 
has been abandoned. Instead we have mass culture. 
Everything, from coast to coast, is shaped by the mass 
culture which is materialistic, anti-religious, devoted to 
entertainment and solidly based on money making.
 - 
Spiritual values have been undermined by the mass 
culture. Movies, videos, advertising, rampant invitation to 
random sex, the exploitation of women and targeting of 
youths for sale of goods have destroyed the foundations of 
society such as family, church-synagogue-mosque, and 
schools.
 - 
Liquor, concealed prostitution and drugs have created a 
culture of crime, extreme violence and gangsterism.
 - 
The media which support the mass culture have been taken 
over by Zionists Jews and their cohorts who systematically 
denigrate and trivialize religion so much so that in many 
parts of the country, particularly in the north east and the 
west, jokes about Jesus, pbuh, have become part of daily 
conversation.
 - 
The Zionists, who are Jews, Christians and some Muslims, 
support Israel and do not want Americans to know that Israel 
is an illegitimate, terrorist, entity which has been created 
by force of arms and genocide against the people of 
Palestine. Hence a whole fabric of support for Israel has 
been woven which does not allow even basic information about 
the opponents of Israel to reach the American people.
 - 
Owing to number 5, wars are fought to support Israel 
which drain American resources and are justified by the drum 
beat of Zionist propaganda through videos, TV, radio, 
newspapers and magazines.
 - 
The Zionists have gained tremendous economic power and 
through chains of businesses, they milk the resources of the 
entire American people. Most Americans don't know that 
harmless looking chain stores such as McDonalds and 
Starbucks and products such as Disney movies, Nestle and 
Coca Cola support Israel.
 - 
Politics has become a game of "I Love Israel more than 
you" so much so that a putative Muslim candidate had to 
start his campaign from a Synagogue and spend his holidays 
in Israel to be able to win.
 - 
Major victims of the controlled mass culture are African 
Americans who were fooled into thinking that the election of 
Obama means now that a Black man is ruling America. 
Similarly Black people, through the Black Caucus and planted 
Black leaders have been used to spread the idea that the 
rights of homosexuals are like the rights of African 
Americans. Again, owing to lack of leadership, they fell for 
it. The real leaders, like Malcolm X and Dr. King were 
killed or like Imam Jamil al-Amin were imprisoned on fake 
charges.
 
What's the solution?
The family system must be revived. Only Islam can lead here 
because non-Muslims largely have been hit so hard by random 
sexuality that the best of them are sexually corrupt, by and 
large.Think of Rev. Jackson with his secret child and 
politician Edwards who was committing adultery while his 
wife was dying and the great Rabbi who used a hitman to kill 
his wife while he was fornicating in the synagogue he led. 
Islam must lead with its strict examples of family life 
where liquor and adultery/fornication are forbidden.
Homosexuality must be opposed. If two men want to sodomize 
each other in their bedroom, we will not  peep into their 
bedroom, but if they, through Jewish radio networks like  
NPR, want to proclaim that homosexual marriage is better 
than marriage as most of humanity knows it, they must be 
opposed and defeated in rational public discourse.
The media must be freed from Zionist control. Notice that a 
homosexual Zionist Anderson Cooper is tops in CNN and a 
Lesbian Zionist, what's her name, is tops in MSNBC, Wolf 
Blitzer, a hardcore Zionist Jew, hogs the CNN News.Then look 
at the funny news makers, Jon Stewart, a Jew, Bill Maher, 
[using an all-American name like Bill to hide his 
Israel-orientation], another Jew, and many others, how they 
make fun of Jesus, pbuh. How can there be any decency in 
this country when Jesus, pbuh, is treated as a joke?
To break the chains of Zionist control, the holocaust story 
must be discussed openly. Why is there a Holocaust Museum in 
Washington when nothing happened to the Jews here? Why are 
children subjected to sophisticated lies displayed in this 
museum? The holocaust story has been subjected to scholarly 
criticism by Germar Rudolf, Faurisson, Mark Weber, Bradley 
Smith, Prof. Butz and to some extent David Irving. Why are 
they treated as non-persons by the media.
Wars against the Muslim world are not legitimate. Iraq, 
Afghanistan, Somalia, Nigeria, Pakistan have not harmed 
America. Why are wars waged against them? Look for the hand 
of International Jewry. Can you believe it that the attack 
on the Red Mosque and Jamia Hafsa, in the capital of 
Pakistan, was not reported in the  in the US media till 
Musharraf completed his job?.
Oppose Zionism, Israel, war and occupation. All Muslim 
nations have the right to shape their futures according to 
Islam. America should keep its "democracy" to itself.
Remember, hiding at the basis of America are the horrors of 
400 years of the slave trade and the extinction of numerous 
Native American nations. Women brought as slaves from Africa 
were subjected to casual rape for 400 years. Lynchings went 
on into the 20th Century. Hence violence is in the roots of 
American history. The admiration of violence can be seen in 
just about all American movies and video games.
Think of the way the media extol the American air force 
which bombs countries with ZERO air defenses such as Iraq, 
Afghanistan, Somalia and Libya. It is this love of the 
ability to smash, blow up and obliterate which is at the 
roots of anti-woman violence and general violence in this 
country. American troops rape more women in their OWN 
military than elsewhere.
Oppose violence and the culture of the gun. Our hope are the 
children. American children are so sweet, like children 
anywhere! Keep them away from the idea that you are so 
wonderful if you smash the face of someone who is weak and 
helpless.
The idea that rich people are good and successful and poor 
people are bad and failures is at the root of American 
arrogance. Tell the children that Jesus, pbuh, and Muhammad, 
pbuh, were poor and did not have property.
A Shocking Letter from a sister in Jamaat al-Muslimeen 
[Charlotte, North Carolina]
in the words of Frederick Douglas
Has America really changed? [Thoughts on July 4]
As-salamu 'alaikum wa rahmatullahi wa barakatuh,
In 2012, can the words, "the American slave," be replaced 
with "the Muslim Ummah?"
"What, to the American slave, is your 4th of July? I answer; 
a day that reveals to him, more than all other days in the 
year, the gross injustice and cruelty to which he is the 
constant victim. To him, your celebration is a sham; your 
boasted liberty, an unholy license; your national greatness, 
swelling vanity; your sound of rejoicing are empty and 
heartless; your denunciation of tyrants brass fronted 
impudence; your shout of liberty and equality, hollow 
mockery; your prayers and hymns, your sermons and 
thanks-givings, with all your religious parade and 
solemnity, are to him, mere bombast, fraud, deception, 
impiety, and hypocrisy - a thin veil to cover up crimes which 
would disgrace a nation of savages. There is not a nation on 
the earth guilty of practices more shocking and bloody than 
are the people of the United States, at this very hour." The 
Meaning of July Fourth for the Negro, Frederick (1851)
Letter from an Important teacher: Refresh the case of Dr. 
Omar Abdel Rahman
Whatever you have done for Br. Omar Abdel Rahman and others 
is recorded with Allah and you will get its reward immensely 
one day, Insha Allah. I am sure  of it.
Now  please prepare his documented case AFRESH as requested 
earlier. All the facts of the  case are before you. You can 
easily join all the bolts and nuts of it in a sequence to 
prove his innocence . If he is freed, others will follow 
suit automatically.  
Shamim Siddiqui [Long Island, New York]
From the Aafia Movement
In Ramadan,  pray for this distinguished Muslim woman who is 
unjustly in a US Prison
As we will soon enter the blessed month of Ramadhan, busying 
ourselves with its days and nights in worship until we reach 
the joyous occasion of Eid, we ask you to remember our 
sister Aafia, whose health continues to deteriorate in 
prison. The least we can do in light of that is to send her 
a reminder for the cost of a mere postage stamp that we have 
not forgotten her; a reminder that, throughout this blessed 
month, she'll remain at the forefront of our prayers and 
thoughts.
Utilise the numerous opportunities in Ramadhan, night 
prayers (tarawih), Friday prayers, iftar gatherings, and Eid 
congregational prayers to distribute our Ramadhan and Eid 
Greeting cards and obtain signed messages of support
NB: For the time being Aafia is only accepting postcards. 
Please do not send long messages or letters. Please avoid 
political discussion, anything that could be considered 
inflammatory, controversial or which could be misconstrued 
in a way that is detrimental to Aafia and her case.
AAFIA SIDDIQUI #90279-054
FMC Carswell
Federal Medical Center
P. O. Box 27137
Fort Worth, TX. 76127
What are the legalities of the US-Pak regime's move to open 
the NATO supply route
From Prof. Khurshid Ahmad [received from Saifullah Gondal in 
Islamabad.]
Islamabad (July 4, 2012):In a press statement issued today 
theNaib Amir of Jamaat-e-Islami Pakistan ex-Senator Prof. 
Khurshid Ahmad said that opening of the supply routes to US 
and NATO Forces is an abject surrender to the US pressure 
and blackmail and sell-out of Pakistan's sovereignty and 
vital interests. According to Prof. Khurshid, the manner in 
which the announcement has been made is also highly 
objectionable. The unanimous Resolution of the Parliament 
has unashamedly been violated in letter and spirit. The 
Parliament has demanded a comprehensive package involving 
priority to peace and political solution to the problem of 
terrorism and Pakistan's delinking from the American War on 
Terror. The Parliament has closed the doors of unwritten and 
behind the scene agreements and demanded that all aspects of 
relationships and understanding made, must be in written 
form, approved by the Cabinet in consultation with the 
Parliamentary Committee on National Security and also by 
taking the Parliament into confidence. It is very clear that 
Pakistan Foreign Minister committed to US Secretary of State 
at least 12 hours before the meeting of the Cabinet Defence 
Committee, whose own role is only recommendatory. Under the 
Constitution and the Rules of Business DCC can only 
recommend but the Cabinet is to take the decision, which has 
met only after 18 hours after the DCC to put its rubber 
stamp on what was decided by high-ups in total disregard to 
the process laid down by the Parliament. This is how the 
Government has violated the Constitution, Rules of Business 
and the Resolution of the Parliament.
Prof. Khurshid also stressed that the US has practically 
rejected  every demand made by the Government in light of 
the Parliamentary Resolution. It has given no categorical 
and unconditional apology as was demanded by the Parliament. 
The words 'sorry' and 'regret' had been circulating during 
the last seven months and were not acceptable to the 
Pakistani nation. Obama has apologized to the Afghan people 
at least three times during the last one year. The blood of 
Pakistan's Armed personnel and citizens was not even worth 
the blood of the Afghan people and hence the Government of 
Pakistan has shamelessly accepted the wrapped up'sorry' from 
Mrs. Hillary Clinton.
Prof. Khurshid noted that the US have similarly ignored 
Pakistan's request for halting drone attacks. "Drone attacks 
are violation of our sovereignty and represent war against 
Pakistan which have increased three times during the Obama 
regime and there have been twenty two attacks after the 
Salalah act of aggression", he said and added that the 
Government by its latest surrender to the US dictates has 
once again shown that it cares the least for national 
interests and popular national sentiments. "Drone attacks 
and opening of the routes are totally unacceptable to the 
Pakistani people and they have every right to resist those 
violations on their sovereignty and security by all 
democratic means", he emphasized.
"Finally as to the economic dimension it is again entirely 
shameful and contrary to national choice and interest. To 
say that the issue of transit fee was not relevant is not 
correct. Even in the original agreement of February 2002 the 
provision was there which was not invoked by the Musharraf 
Regime with the result that Pakistan suffered huge losses 
both in monetary terms as well as in destruction of domestic 
roads and infrastructure. Economically Pakistan has suffered 
to the tune of 90 to 100 billion dollars during this 
accursed war on terror. America has been successful in 
blackmailing us by withholding aid and using threats to 
sanctions. It is unfortunate that the country's political 
and military leaderships have miserably failed to protect 
Pakistan's sovereignty, honour and vital interest.
The lame excuse about Pakistan's isolation and tension with 
48 countries is also totally misplaced and irrelevant. The 
issue of tension was very much there before Salala 
aggression and there is no qualitative change in the post 
Salalah period. Does the Government want to say that the 
DCC, the Cabinet and the Parliament did not know that the US 
and 48 other countries are involved in Afghanistan from 
October 2001 or has this revelation came to the Government 
only in June and July 2012? Now it is for the people of 
Pakistan to rise to the challenge and protect their country 
from foreign aggressors and their collaborators at home", he 
concluded.
The so called "government" was always wrong but had 
Washington's support.
Received from Salim Mansur Khalid
Egyptian Court Rules: Decision Disbanding Muslim Brotherhood 
Null and Void
Monday, July 7,2012 19:19
Cairo Criminal Court, headed by Justice Noor al-Din Yusuf 
Abdul-Qadir, has announced reasons for its ruling in a case 
that Egyptian media knew as the case of 'International 
Organization' of the Muslim Brotherhood, having acquitted 
Dr. Osama Suleiman, a businessman and one of the icons of 
the Brotherhood, of the charges of joining a group founded 
in contravention of the provisions of law, and money 
laundering. In its historic statement of reasons, the Court 
stressed that the Muslim Brotherhood was not founded in 
violation of the provisions of the Constitution or the law, 
nor did the prosecution provide any evidence whatsoever to 
prove that the group - at any time - called for ignoring or 
abolishing the provisions of the Constitution or the law, or 
for preventing state institutions and the public authorities 
from exercising their duties. The court further added that 
the Brotherhood therefore did not actually commit any act 
that could lead to such offences.
The Court stated, "Having studied and carefully considered 
the reality of the Egyptian political scene and economic 
life in Egypt, the Court believes that the Muslim 
Brotherhood was founded at the time in accordance with the 
provisions of the law. After the 1952 revolution, the 
government considered the Brotherhood a political party, 
subject to a newly enacted law to disband political parties. 
This Court considers that the Brotherhood never behaved or 
was described as a political party, and certainly was not 
established under the political parties law.
"Therefore, to dissolve the Brotherhood, the authorities 
should have referred to the law according to which the 
organization was originally established, which is the NGO 
law. When the Revolutionary Command Council issued the 
decision to dissolve the organization, it turned the 
Brotherhood into a political party against the wishes of the 
Brotherhood's members, which is not lawful. The 
Revolutionary Command Council did not have the authority to 
force people to enter in a political party or form a party 
against their will. Thus the decision to disband the 
Brotherhood was null and void. Hence, the Brotherhood cannot 
be described as an organization established in contravention 
of provisions of law."
Chief Justice Roberts. The Jury is Still Out
By Dr. Wilmer J. Leon III
Last week, in a (5-4) decision, the US Supreme Court upheld 
the Affordable Care Act (ACA). Dubbed "Obamacare" by its 
opponents, the ACA is the cornerstone piece of legislation 
of the Obama administration. Many were surprised that the 
Court did not overturn the individual mandate provision of 
the Act requiring most Americans to get health insurance or 
pay a penalty. Even more surprising to some is that it was 
Chief Justice Roberts who proved to be the swing vote, 
siding with the court's four liberal justices.
As a result of this decision some conservatives are 
questioning Chief Justice Roberts' allegiance to their 
cause. Texas Gov. Rick Perry (R) said, "The Supreme Court 
has abandoned us..." and Florida Gov. Rick Scott (R) said, 
""Today's decision by the Supreme Court of the United States 
is simply disappointing..."  The Wall Street Journal's 
editorial board wrote, "the Chief Justice had to rewrite the 
statute Congress passed in order to salvage it."
Liberals and pro ACA advocates are praising Roberts for 
saving health care reform and possibly the 2012 election for 
President Obama. Howard Kurtz from Newsweek and The Daily 
Beast wrote "The man who saved the president's health-care 
law is the new liberal heartthrob." Well, the jury is still 
out.
The Obama administration's primary argument in supporting 
health care reform legislation was that Congress had the 
power to enact the ACA based upon Article 1, Section 8, 
Clause 3, the Commerce Clause; Congress has the power "To 
regulate Commerce with foreign Nations, and among the 
several States..."  The Court held that the ACA was 
unconstitutional based upon the Commerce Clause. However, 
the court found that the ACA is constitutional based upon 
Article 1, Section 8, Clause 1, the power to tax, "The 
Congress shall have Power To lay and collect Taxes, 
Duties..."  By rejecting the Commerce Clause argument 
Roberts may not be as liberal as people claim.  In fact, 
this could be Chief Justice Roberts acting more like the 
great magician Harry Houdini.
It is possible that in this majority decision Roberts has 
set the predicate to limit Congress' power over state action 
under the Commerce Clause in future decisions.  Roberts 
wrote, "Construing the Commerce Clause to permit Congress to 
regulate individuals precisely because they are doing 
nothing would open a new and potentially vast domain to 
congressional authority...They (the Framers) gave congress 
the power to regulate commerce, not to compel it."
The Court has upheld Congress' use of the Commerce Clause as 
a grant of congressional authority over the states' in 
particular instances. The problem is that the Constitution 
does not define "commerce".  Some believe that it refers 
simply to trade or exchange, while others believe that the 
founders had a broader meaning that applies to commercial 
and social intercourse between citizens of different states. 
 The latter has allowed the national government to exert a 
greater amount of power over the states in civil rights and 
voting rights cases. For example, the Civil Rights Act of 
1964 was passed by Congress based upon the Commerce 
Clause.
The Supreme Court has agreed to hear the case of Fisher v. 
University of Texas and will rule later this year. Fisher 
challenges the University of Texas' ability to use race as 
factor in its affirmative action program. The Court is also 
expected to rule on a Texas voting rights case that will 
provide clarity about the role of the federal courts under 
the Voting Rights Act of 1965. Could it be that by rejecting 
the Obama administration's assertions under the Commerce 
Clause that Roberts is paving the way for upcoming 
conservative challenges to established civil rights 
legislation?
Most will tell you that Chief Justice Roberts is a brilliant 
man. He is playing 3 dimensional chess while most others are 
playing checkers. With this ACA decision Roberts may have 
engaged in a level of prestidigitation that even Houdini 
would envy.  By giving the Obama administration its legal 
victory with his left hand (pardon the pun); he taps his 
magic wand (or pen) with his right hand and limits the power 
of the national government to regulate state action going 
forward.
At the end of the day, is this not what ultra-conservatives 
are after?  They claim to want a smaller national 
government, returning power to the states, "states rights".  
If this is Roberts' true intention (and only time will tell) 
it will be harder for liberals to complain about his logic 
since he laid out the predicate for it in the ACA decision 
that they are now applauding.
Be careful who you applaud and why. Chief Justice Roberts 
may not be a traitor to the conservative cause, the jury is 
still out..
Dr. WilmerLeon is the Producer/ Host of the nationally 
broadcast call-in talk radio program "Inside the Issues with 
 WilmerLeon," and a Teaching Associate in the Department of 
Political Science at HowardUniversityinWashington,D.C.  Go 
to Dr-Leons-Prescription@facebook.com,  www.wilmerleon.com , 
email: wjl3us@yahoo.com. or www.twitter.com/drwleon
© 2012 InfoWave Communications, LLC
2012-07-09 Mon 18:28:37 cdt
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