Two Years On: Obamacare

Funny how so many people proclaim to hate the government, but then run for a position in government and then once there are terrified of ever having to leave that position.

 

Without resorting to hyperbole, there are several levels of risk in this decision that directly impact and will directly describe our ability to govern ourselves.

 

How so, Zeke?

 

Well, for one thing, a decision that appears political is really going to erode faith in the Supreme Court -- a body that largely operates on the basis of its' reputation.

For another, a dismissal and/or a 5-4 decision to uphold is going to embolden the present levels of legislative obstructionism -- which are unprecedented.

And upholding it is only gonna stir up the Tea Party crowd to a fever pitch.

 

That makes sense.

I can only imagine the furor if a Republican appointee leaves the SC while and if the Dems control the Senate and the White House.

 

I think a lot of people lost faith in that body after Bush v. Gore. Anytime you make a political decision like that and then say it only applies in this one instance and then later talk about how necessary it was for one of the sides to win, you pretty much lose the higher ground.

 

If it happens under Obama's watch, he'll start out trying to prove how presidential he is by nominating a moderate conservative, and then move rightward under the protests.

 

The idea of this being 5-4, along party lines, is doubtlessly keeping Roberts up at night right now. I think he cares about legacy, and I think he realizes that this will define his. I thought it would be gay marriage, and that might still be a part of it. But striking down this law 5-4, along party lines, would really erode the Court's credibility. So would affirming it 5-4, though not quite to the same extent.

 

Hey, let's not forget Lochner. The Warren Court was not the first to go political on America's collective ass. Lochner makes Roe v. Wade look like a surgical exercise in dispassionate legal logic.

 

BTW, I was a late arriver to this thread because I wanted to wait out the oral arguments this week. But I have to say that few quasi-political topics on this board seem to bring out the best in us than Supreme Court matters. I mean, there are some fiercely different views here, and everyone is just attacking arguments, not posters. As it should be.

 

That said, Bush v. Gore is still the pinnacle of the form.

And I am as sympathetic as I could possibly be.

In essence, they were called in to do what they did -- decide an election.

They still wrote a stinker.