l****z
发帖数: 29846 | 1 by Rick aka Mr. Brutally Honest
Professor Jacobson of Legal Insurrection isn't buying this notion that Chief
Robert's decision to weigh in with the liberals on the court was part of
some crafty long term strategy:
Some well-meaning people are peddling the notion that today’s Obamacare
decision was a long term victory, that we lost the battle but won the war,
that there was some master plan by Chief Justice Roberts to gut the
expansion of Commerce Clause power under the fig leaf of a majority ruling
upholding the mandate under Congress’s taxing power.
To paraphrase Joe Biden, I have just four words for you:
BIG —— DEAL
If this were some other more narrow law, if this was not a monumental
takeover of the most private aspects of our lives, if this monstrosity would
not cause such long term damage to our health care system, if this law was
not Obamacare ….
I might be inclined to agree with you.
But it is Obamacare, it is the takeover of a substantial portion of our
economy which empowers the federal government to write tens of thousands of
pages of regulations telling us how to live and how to die.
This was the hill to fight on for any conservative Justice of the
Supreme Court.
Yet because the conservative Chief Justice sided with the liberal
Justices on the result, we have Obamacare.
Whether the Chief Justice did it out of good faith belief in the
correctness of his opinion (which is what I believe) or as part of some
master plan (the theory some are peddling), the result is the same: Until
further notice Obamacare is the law of the land.
Sure, we now are motivated for November. And maybe in the end we will
get rid of Obamacare.
But that is then and this is now. And under any reasonable theory of
conservative judicial restraint, the Chief Justice should have allowed
Obamacare to fall of its own weight, of a weight born of a political process
in which the mandate could not be called a tax because the nation would not
have stood for it.
He goes on to warn that we should not delude ourself. That the decision was
a bitter loss.
The bottom line however is this.
We have a chance to overrule this decision by making wise choices in
November.
We need to get busy convincing others that this coming election is going to
be a "BIG —— DEAL".
Who's in? |
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