{"id":41517,"date":"2012-06-29T18:27:38","date_gmt":"2012-06-30T00:27:38","guid":{"rendered":"http:\/\/proteinwisdom.com\/?p=41517"},"modified":"2012-06-29T18:49:42","modified_gmt":"2012-06-30T00:49:42","slug":"in-my-inbox-judge-roberts-decision-forces-americans-to-stand-on-their-own-two-feet-and-thats-a-good-thing","status":"publish","type":"post","link":"https:\/\/proteinwisdom.com\/?p=41517","title":{"rendered":"In my inbox: “Judge Roberts\u2019 decision forces Americans to stand on their own two feet \u2014 and that\u2019s a good thing”"},"content":{"rendered":"

I’m not going to critique the whole thing <\/a>— you’re free to do so, just as you’re free to agree with the arguments on offer — though I will\u00a0 say generally that what I want in a SCOTUS Justice is not a new Daddy or Mommy.\u00a0 I don’t need life lessons.\u00a0 I don’t want someone who crusades for “social justice.” I don’t need tough love.\u00a0 I don’t need — and we shouldn’t have<\/em> — philosopher kings doling out correctives to the masses who are in essence free to self-govern just so long as they’re reaching the proper conclusions.<\/p>\n

Having said that, let me just briefly respond to one assertion made early in the piece.\u00a0 Writes Bookworm:<\/p>\n

Having had more than 24 hours to come to terms with the decision, I\u2019m beginning to think that there may indeed be a pony (or several ponies) hiding in there somewhere.\u00a0 Moreover, I\u2019m also realizing that Roberts, despite the apparent wackiness of his decision, stayed true to his constitutional roots.<\/p><\/blockquote>\n

No.\u00a0 An originalist doesn’t find a tax in what he knows to be a penalty just because “one can read it as a tax.”\u00a0 For one to read it as a tax when one knows it was never intended as a tax and that it wasn’t voted on as a tax is for one to re-write it as a tax<\/em> himself — that is, to engage in the kind of judicial activism that is antithetical to the methods of interpretation originalism depends upon.<\/p>\n

So John Roberts didn’t stay true to his constitutionalist roots in that fundamental, foundational<\/em> respect<\/a>, and the methodology he used in his “reasoning”\u00a0 — in addition to showing that he reasoned backward from the conclusion he wanted to reach — is linguistically incoherent and inherently tyrannical.<\/p>\n

That’s it.\u00a0 No ponies.\u00a0 Just more unicorns.<\/p>\n","protected":false},"excerpt":{"rendered":"

I’m not going to critique the whole thing — you’re free to do so, just as you’re free to agree with the arguments on offer — though I will\u00a0 say generally that what I want in a SCOTUS Justice is not a new Daddy or Mommy.\u00a0 I don’t need life lessons.\u00a0 I don’t want someone who crusades for “social justice.” I don’t need tough love.\u00a0 I don’t need — and<\/p>\n

Read More<\/a><\/div>\n","protected":false},"author":9196393,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-41517","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/proteinwisdom.com\/index.php?rest_route=\/wp\/v2\/posts\/41517","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/proteinwisdom.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/proteinwisdom.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/proteinwisdom.com\/index.php?rest_route=\/wp\/v2\/users\/9196393"}],"replies":[{"embeddable":true,"href":"https:\/\/proteinwisdom.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=41517"}],"version-history":[{"count":6,"href":"https:\/\/proteinwisdom.com\/index.php?rest_route=\/wp\/v2\/posts\/41517\/revisions"}],"predecessor-version":[{"id":41520,"href":"https:\/\/proteinwisdom.com\/index.php?rest_route=\/wp\/v2\/posts\/41517\/revisions\/41520"}],"wp:attachment":[{"href":"https:\/\/proteinwisdom.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41517"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/proteinwisdom.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41517"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/proteinwisdom.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41517"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}