The wrangling over the meaning and long-term effects of SCOTUS's, and especially Chief Justice Roberts', ruling on ObamaCare continues.
A few items from Instapundit (bits in italics are my observations):
- Instapundit » Blog Archive » FOLLOWING UP ON MY MARBURY OBSERVATION FROM THIS MORNING: Obama Wins the Battle, Roberts Wins the War… "By ruling that the individual mandate was permissible as a tax, he joined the Democratic appointees to uphold the law—while joining the Republican wing to gut the Commerce Clause (and push back against the necessary-and-proper clause as well). . . . Roberts’ genius was in pushing this health care decision through without attaching it to the coattails of an ugly, narrow partisan victory. Obama wins on policy, this time. And Roberts rewrites Congress’ power to regulate, opening the door for countless future challenges. In the long term, supporters of curtailing the federal government should be glad to have made that trade.” We’ll see. (Maybe.)(See also: Marbury v. Madison - Wikipedia)
- Instapundit » Blog Archive » TIMOTHY DALRYMPLE: Five Possible Silver Linings In The ObamaCare Decision…. (Beautiful dreamer...)
- Instapundit » Blog Archive » MARK TAPSCOTT: Roberts Is Not The Goat In Supreme Court Decision. (Links to several articles in which the writer presses the argument that Roberts actually did the Republic good, and doomed ObamaCare, with this decision. Is the CJOTUS playing chess? Should he be?)
Tamara takes exception to Roberts' claim that "It is not our job to protect the people from the consequences of their political choices"
All those laws you guys have struck down as unconstitutional over the last couple centuries, whose "political choices" were you protecting us from those times? Had those other laws been imposed on us by insidious outsiders or something, so you could protect us from their consequences, but we gotta bend over and take this one because it turns out Nancy Pelosi is not actually from Betelgeuse?What the hell IS "judicial review" all about if not saying "Stop that! You people made foolish--even evil-- decisions"?
I suppose Chief Justice Roger B. Taney could answer that. I'm sure Dred Scott has looked him up to ask...