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View Diary: More Than a Victory, the Decision Today Was a Mandate for Us to Act (67 comments)

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  •  We'll never know why Roberts shocked many today (31+ / 0-)

    There is speculation that he did a 180 at the 11th hour.  The fact that Scalia refers to Ginsburg's Concurrence as "the Dissent" 9 different times is esp. curious in that regard.

    While Roberts showed on several occasions that he's happy to use a 5-4 majority to engage in rampant judicial activism, he appears to have viewed this case as a bridge too far.  As per Prof. Winkler on SCOTUSblog:

    With this deft ruling, Roberts avoided what was certain to be a cascade of criticism of the high court. No Supreme Court has struck down a president’s signature piece of legislation in over 75 years. Had Obamacare been voided, it would have inevitably led to charges of aggressive judicial activism.  Roberts peered over the abyss and decided he didn’t want to go there.
    The Roberts Court has gone places never considered by the Burger Court and rarely considered by the Rehnquist Court.  While B v. G will bother me until the day I die, that was, arguably the only Rehnquist Court decision in 19 years showed the same level of partisan activism as cases like Citizens United, DC v. Heller,and other decisions have shown in a much shorter time span.  The egregious per curiam reversal of the MT Supreme Court campaign finance decision on Monday is already forgotten.  As Winkler suspects, the next term may show that we ain't seen nothin' yet from this Court:
    Roberts may have voted to save healthcare because he wants to preserve the Court’s capital to take on other big issues heading toward the Court. Legal experts predict the Roberts Court will invalidate a key provision of one of the most important laws in American history, the Voting Rights Act, next term. And the Court is set to end affirmative action in public education. Both policies have been centerpieces of America’s commitment to civil rights for over forty years.
    While I doubt that was necessarily his intent, Roberts handed the GOP a major talking point for the GE campaign.  By upholding the mandate as a tax, he allows them to assert on the stump and on TV that Obamacare constitutes a tax increase.  The mandate has always been unpopular, and it remains highly unpopular now.  Upholding a provision that 70% of the country dislikes and officially calling it a tax to boot may prove to be a gift to the likes of Rove.  Given his casual relationship w/ the truth, the GOP nominee will find a way to gloss over the inconvenient truth that he passed a similar mandate during the one term that he actually held public office.

    There's much more to this decision than meets the eye.

    Some men see things as they are and ask why. I dream of things that never were and ask why not?

    by RFK Lives on Thu Jun 28, 2012 at 06:07:08 PM PDT

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