Late this morning many of you may have heard that the SCOTUS has upheld Obamacare, despite the plain language of the law. Indeed, Antonin Scalia wrote a blistering minority opinion, and, as only happens rarely, asked and presented it from the bench. His closing comment may be the definitive statement on the SCOTUS behavior – “it should be called SCOTUScare.”
What appears to be on display here is government protecting government. Chief Justice Roberts admitted in his opinion that the law specified “State” but then went on to claim that if the court didn’t support this, the legislation would die, and so the Congressional desires would be thwarted. I, for one, had not been aware that the purpose fo the Court was to keep Congressional purpose alive, even in the face of bad law. Judging from this ruling, it would appear that the Court can now modify pretty much anything to anything IT thinks is appropriate.
In BDB’s post elsewhere, he speaks of enemies of the nation. It would seem the SCOTUS has joined those ranks. AND there doesn’t seem to be a thing we can do about it.
Interesting that Merriam-Webster Online’s word of the day is “Futile.”
Yesterday it was “anastrophe.”
Prophetic.
I think Americans are wrong to think that things they cannot deal with politically are going to be solved for them by SCOTUS. For one, presidents tend to have their way. For another, SCOTUS is really not equipped to deal with the terrible passions people put into politics in America. Progress is either going to be stopped in elections that form a new coalition & stumble into the right man for the chief executive office–or it’s not going to be stopped at all.
These are ugly times, even desperate-seeming, but conservatives are not doing so badly. They just have to become dead serious about politics. The times when people thought a bit of anger & some work put into a movement might turn things around are, I think, coming to an end. The times when conservatives start seriously putting together a coalition for reasonable government as America used to understand it are upon us-
What you say may be true. But SCOTUS is a court and when a court becomes just another political vehicle, then law becomes meaningless.
In this case, the simple answer is that the Left rammed through some truly lousy legislation, poorly thought out and even more poorly written. It has been given cover, despite having to fight a rearguard over this for years. And the more years you allow something like this to stay, the harder it becomes to remove. It is what the Left is counting on.
Actually reading the letter of the law, and adhering to it, would have put the Left on the defensive, if for no OTHER reason than that they wrote this poorly. They clearly wanted to induce one response, which they didn’t get, and now wish to change the law without changing it by just doing it by fiat. And the Court went along with that.
Robert’s contention that Congress wanted it then does not mesh with the fact that Congress does not want it now. Elections should have some consequences, and allowing such incredibly ridiculous interpretation of words just doesn’t do law any favours.
I think the Chief Justice could be read to say: You had your chance in 2012. If you think you know what you’re doing, look out, 2016.
I agree with you about how the doctrine of progress operates in American politics. I think people who fear it are clear-eyed, both those who want it stopped & those who do not want to do the stopping themselves.
You are right that this hurts the rule of law–though it’s not quite as fearful as FDR’s New Deal. But it is how American politics works: Rarely is the Constitution modified–it is adapted to serve new political majorities. That has to change. New elections & new politicians are required.
There is a kind of advantage here, as well–if the changes are made in this generation, then the next will not inherit a constitutional order crippled by Mr. Obama’s progressive adventures-
FDR was fearful only because he controlled the legislature and so wreaked havoc for a longer time. Wilson was as dangerous, but had less legislative support, and the people turned against his ideas as soon as the war excuse was over. BHO is no less dangerous; he is only hobbled by a legislature that doesn’t want to do his bidding. He has as a result tried various lawless processes with variable results.
I think FDR was the only president that could compare with Lincoln. He was a giant among men. Had he not been so devastatingly wrong about domestic politics, conservatives might find it easier to reckon with his unusual powers as a politician. Reagan knew his greatness & imitated him more successfully than any of the Dems.
Compare him with his crony, LBJ, who has the greatest record of bill proposed / law passed, had all the good will accrued after the JFK assassination, & had massive majorities in the legislature. They do not compare at all…
Wilson also was not as great as FDR–he was not capable as a politician. He had a narrow-mind & was fanatical. They are alike in that the world worshiped them in a way hard for Americans to understand–maybe impossible. Americans are a stiff-necked race.
Or look at Mr. Obama in his days when he had the legislature–he is a paltry man. We see great expectations in his electoral coalition, & in the country & the world. He is awarded honors without anyone requiring deeds: He is treated like a god. But he is a paltry figure & soon turns to bitterness & petty cunning…
You are right that the electorate, having gotten a good look at Wilson & Mr. Obama, withdrew support, fearful & angry. But that was not so with FDR. He, contrariwise, like the laws grew more powerful in time. The man himself was exceptional. Authority only revealed his considerable powers & ultimately revealed one of the few men who could take America into & through WWII to an end as a neverseen power.
That man was unbeatable. Conservatives wilted in his shadow even more than his epigones. He installed an age when opposition was doomed to seem contemptible & act weakly. It took decades & great crises for someone like Reagan to have the opportunity to emerge against the destiny FDR prepared for America. Reagan was ready for the fight in ’64. America was not. In long waiting, he was also like FDR…
Progress has never been so shocking after FDR. We fear, it need not be, because progress is cumulative & new generations are born to see the world as FDR wanted them to see it. But these lesser progressives are not capable of beating conservatism into the ground. The question is whether conservatives have it in them to wait & fight & suffer a long time like Lincoln & Reagan did. Those men knew how unique they were. They knew they’d be rejected. They could have turned their faces away from America & enjoy a private happiness. Both had talents that would have shown in private life. But they dedicated themselves to the country. I think by itself that is enough to suggest that the GOP & America are worth much more than we sometimes think in our times of desperation. Reagan was famous throughout the world, & everyone who loved or hated America knew of him. Everyone knew they had not seen his like & would not soon again-
I don’t dispute your rendition of history. FDR was terrible for the nation but a master politician for the time. I am less sanguine about his overall “leadership”. America would have prevailed in WWII if a chipmunk was at the helm – it was fired up and the people of THAT time would not broach such insult.
From a political standpoint, though, Wilson was perhaps even worse than FDR because he introduced the ideas. Recollect FDR was a lower-level admin person in Wilson’s administration. Most of the policies he instituted were simply extensions of Wilson. It was just that he packaged them better.
LBJ was that animal that is part skunk and part weasel. His tenure was simply lucky for him; on his own he would not have ascended to the position he did. My sense is that he was a whole lot worse than Nixon ever was – just didn’t get caught.
And let’s not lose sight of the fact that the best politician is Satan – he manages to convince men to give up their souls.
The other fact to remember is that FDR was getting in trouble over the fact that much like Obama his policies were not working. It was the war that saved his bacon by suddenly instituting full employment – and industrial activity. Absent that, he may well have also fallen on the “dust heap of history”.
Ooh-Rah, Dev!
Valiuth is really, really upset over at R>. He’s started a SCOTUS Pit.
?What exactly is the point of a SCOTUS pit. They are rogues, and a PIT won’t make them any more rogues.
I guess, like BDB, I am just upset over the total lawlessness of the government branches. The politicians are known to be scum, but judges are suppose to be something better. Quite apparently they are not.
The serious problem is that there is no recourse to a bad judge. Jury nullification exists, although darn few realize it, but that has to be applied case by case. And the way the Federal judiciary is set up, they’d overrule a jury verdict (although truly it is a bit hard to overrule a Not Guilty verdict).
Here’s the body of his post:
Are you angry? Do you feel betrayed? Do you just want to shout something violent and irresponsible?
I know I do. I got in my car today at around 10:30 without having had any news what so ever and when I turn on my radio there he is gloating about his contemptible law. Once again the Supreme Court bows to political pressure to declare that words no longer mean what they mean and that despite all common sense Obama can read what ever he wants into the law.
I can’t explain my feelings of disgust and anger adequately, and certainly not with in the bounds of our CoC. But, when bad things happen I think people need some room to vent and commiserate.
So here I am starting a PIT thread where you the loyal Ricochet subscriber can vent out your most violent and angry thoughts about our treasonous justices and their horrendous ruling. Get it out there, you will feel better. Nothing you post here can be held against you because like all PIT threads this is a therapeutic exercise in anger management. Nothing in these comments is serious, and no animals were hurt in its production.
Valiuth, the Valiant…
Wish I knew my literature better. I believe there is a line somewhere about “Standing forth and raging against the howling winds.” — or something to that tune.
Am reminded of a post elsewhere Dec/Jan? titled: “America: All Good Things Must Come To An End”. At the time, I naively tried to find green shoots amid the author’s scorched-earth scenario: I was wrong…
There is much ennui in the comments on Jon Gabriel’s post over there.
Here’s what I told them:
Come on folks: “The only thing necessary for the triumph of evil is for good men to do nothing.” – Edmund Burke
Snap out of it and get to work.
Give ’em holy what for, M! B-Z!