Let me address this idea that John Roberts bravely and with humility saved the Court and the Union — all while fashioning a cunning victory for classical liberalism and federalism
Notes McGehee in the comments:
Even if all the silver-lining guys are right, the best that can be said for what Roberts did is, he gamed the ruling to help bring about a desired political outcome.
If a 5-4 ruling striking down ObamaCareTax would have been a blow to the Court’s legitimacy, what does that make this?
Exactly. I am sick to death of the pollyanna GOP beta males who’ll attack the TEA Party with sneering gusto but who whimper in fear of the left pretending anyone other than a ruling class and the administrative state — leftist Statism, regardless of which Party’s running it at any given moment — won anything with this perverse and largely incoherent ruling.
Roberts didn’t save the Court by acting as its humble “custodian.” Four fucking liberal Justices didn’t give a good goddamn about anything but looking for a way to strip the Constitution of its power to constrain leftist Statists and Marxists. They voted unanimously in favor of the ridiculous argument that the Commerce Clause, intended to promote commerce between states and the Indian territories, gives Congress the right to force you to buy whatever shit they command you buy — and command businesses provide it — by way of centralized authority, regulatory threat, and price control. This, they’d claim, enshrined in a Constitution written and ratified by those who’d just thrown off the yoke of distant centralized government.
That is, what they argued for is fucking tyranny, plain and simple — and is at complete odds with the circumstances of our founding and the writing and ratification of our Constitution. That’s what four leftist Justices not only were prepared to do but actually did yesterday.
Did they care at all that, by way of the strict ideological lockstep leftism the Court’s authority may be undermined? Of course not. They don’t worry about such things. Because might makes right.
All Roberts had to do was his goddamn job as a Supreme Court Justice. It doesn’t matter a whit to me if his intentions were pure. He’s Chief Justice, not Chief Philosopher King, and his supposed humility and restraint was nothing more than the height of hubris, whether he recognizes it or not, whether he agonized over it or not. The Commerce Clause would have been successfully narrowed (that is, until the next time the left held a majority on the Court; as it stands, it isn’t narrowed, because the case was decided on a tax issue); the taxing authority of Congress laid out by the Constitution would have remained status quo; businesses could have resumed doing business without fear of the coming government onslaught; and physicians wouldn’t have been essentially enslaved, finally and fully, with SCOTUS precedent, while we, in turn, were all flipped from free people into subjects.
Had Roberts not concerned himself over how his ruling might play with those predisposed to kill off the Constitution any way, we’d today still be free. We are not. And no bit of mental prestidigitation is going to change that.
So fuck him, and fuck every last one of the bullshit apologists trying to peddle this as some sort of cunning victory, or victory for a healthy maintenance of the Union. It isn’t. It may prove politically savvy down the line some where — oh, pragmatism! – but from a foundational and fundamental structural perspective, the State now has the right to tax anything and everything, so long as it allows you to resist paying those taxes by instead paying a fine for refusing to pay the tax.
Meaning, the more wealthy you are the more free you’ll be. But you’re still, in the end, a subject.
This was rank judicial activism. And for those on the right who routinely complain about such things to turn on a dime and pretend to laud it here is the height of hypocrisy and evinces the depths of their timidity.
You are a subject. Get used to it or don’t. But stop acting like a supermodel just gave you a nice rim job when what really happened is a bloated bureaucrat munching on a Whopper fucked you asswise with a heavy cardboard scepter.
(thanks to darthlevin for the link to aaps)