John Roberts is brilliant. After the dust settles people will start to see what really happened. John Roberts was not going to allow the Roberts Court to go down in history as the court that killed health care for the people. And that is exactly what the historians would have written. And he was not going to allow Democrats to cry that the court was strictly a political animal acting in a partisan way. Now neither of those things will happen and the left is doing a jig about their “win.” What Roberts did with his vote was to screw them royally. Allow me to explain.
Even though Obama continued declaring his bill was not a tax, his own attorneys argued in court that it was. All Roberts did was to accommodate them. And what that did was to piss off Ginsburg who, from the bench, noted it was commerce and didn’t like Roberts even mentioning it as a tax. But by doing what he did, he took away Congress’ ability to force anything on us as commerce. And he further put Obama in the limelight now as the perpetrator of the biggest tax increase ever in the world. How does Obama fight that? And he now also made it possible for the Senate to “unfund” the whole thing since they have the right to rescind any tax they want. That won’t even require the President’s veto.
Roberts shot an arrow into Obama’s heart with his statement, “We do not consider whether an act embodies sound policies. That judgement is entrusted to the nation’s elected leaders.” He left it up to we the people to correct it. But he handed the means to do that right back to us. He can’t help us now if we falter.
The second thing he did reminds me of the Fuller Court during Cleveland’s Presidency. They hated the ICC, the first regulatory agency put on the American public. But it was constitutional. So in their ruling on US v E C Knight Co. in 1895, they said it was constitutional but they made the ruling so precise, it only addressed that case, no others. What was meant to take state powers away, gave them back with this ruling.
That’s what the Roberts Court did with the second ruling which, by the way, passed 7-2. It took the teeth out of what is left of the bill by allowing states to opt out of the Medicaid portion of the bill. This leaves the poor, uninsured hanging in the wind. This was the very people Obama tried to use this bill to reach for votes.
So Roberts, without calling things by name and thus, stirring the progressives, took their game away. They, along with most of the right, don’t even understand that yet. But when they do, they will realize they’ve been had by their own sword. And then, it will be too late. We know they will lie later about talking victory but everyone will remember that when they try to blame the court and the Republicans before the November election. Now, let’s see if the right knows how to take the full glass they’ve been given to the table without spilling it all over themselves.