7/1/12

My main worry about the Obamacare ruling

7/1/12
I have been largely ambivalent about the Supreme Court decision. Like Krauthammer, Barnett, and Erickson, I liked the fact that this was largely a conservative/libertarian opinion in all respects save upholding the ACA. And given the public's opposition to it, I tend to think it only increased the odds of kicking Obama out this November.

However, stare decisis isn't sacrosanct. Far from it. I fear what John Yoo articulated so well:
[A]n Obama second term may see the appointment of up to three new Supreme Court members. A new, solidified liberal majority will easily discard Sebelius's limits on the Commerce Clause and expand the taxing power even further. After the Hughes court switch, FDR replaced retiring Justices with a pro-New Deal majority, and the court upheld any and all expansions of federal power over the economy and society. The court did not overturn a piece of legislation under the Commerce Clause for 60 years. [emphasis added]
I don't know why Roberts did what he did, perhaps even switching his vote at the last minute. Although I can understand rationalizing a wrong decision to save an institution, I couldn't condone it.

If it isn't the high court's "job to protect the people from the consequences of their political choices" then it is surely not your job to protect a political climate from the duty of the court.

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