Thursday, July 5, 2012

A Bird With Her Head In The Sand

Elizabeth Scalia's terrible analysis:

People don’t seem to realize that Roberts’ decision has essentially, in an election year, handed this issue back to the voters, where it belongs, while also giving the legislature some room to maneuver. Obamacare was rammed through against the wishes of the majority. Now, the majority can unram it or solidify it, as it chooses, but at least what happens now will happen with the consent of the governed. Bottom line: System worked, Roberts worked it.

This is a clear failure to understand Roberts' role. He can't play this 'democracy' game, which we already know doesn't work at all. How can you simultaneously think something like this about Roberts, but not think that is basically what the Supreme Court did with abortion back in 1972? Roberts is under oath to protect the constitution and in this case he clearly chose to allow the federal government more powers rather than limit its powers as the constitution has outlined.

This isn't even analysis, it's team sports. Cheer for your side and all that, and if you are loyal to a man, make the best possible excuse up for his actions. Sadly this isn't even an excuse, but some sort of fairy tale in which we are supposed to believe Roberts is actually clever. No, he is just the latest in a long line of these people who grant the federal government more and more power at the expense of the people.

The system doesn't work and it is high time folks drop the pretense that this court is legitimate, or that the vote has a dimes worth of meaning in this context. Romney's version of healthcare was what Obamacare was based on. No one who is elected to federal office will relieve it of this unconstitutional power.

And worse yet, both sides of the aisle have become so completely reckless with regard to foreign policy I begin to worry about nuclear war again.

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