I don't think it's too far afield to presume that the Chief here didn't want to hang the Court's reputation on what was only a year ago thought to be a fringe legal theory in a decision that would appear to be so obviously political. I'm not sold on Roberts as Chief Justice, but I've got to believe he looked at what happened since Citizens United was decided and thought, Jeebus, one Dred Scott per tenure is enough, thanks.
LOOK, with the assurance that comes from not having read the decision, and being too stupid to analyze it if I did, let's just say that I don't like the fact that the Court would even agree to hear this crap; that super-elastic we've made out of the Commerce clause has not always been a friend to me (or any man), but if we're gonna start tossing aside precedent for political fucking expediency, then let's just do away with the game entirely. If Congress' power under Commerce is to be reined in just because a cadre of gold nuts and Randians don't like a result, then let's be fair and take away their corporate personhood. That sure ain't in the Constitution.
Did you feel this coming? I thought I did, but only a fool predicts Court decisions, even in this benighted 5-4 age. It's a political decision, and the political winds just shifted alee. Roberts' "tax-based" decision sounds for all the world like the sort of thing that happens whenever any Grand High Poobah decides to get tricky. It's overwrought and stupid, and transparently does what it was really designed to do, except for the fooling people part. I guess we can't ask for more, except the massive stroke that Scalia has deserved for years now.
I won a couple of bets thanks to CJ Roberts today. I just couldn't see him throwing out something that meant that much free money for his corporate buddies. I had it 6-3, tho; fuckin' Kennedy, you never know what the voices will tell him on any given day.
ReplyDeleteThe wingnut reaction is worth it. Ben "SuperVirgin" Shapiro is packing for his move to Canada now, I assume, and that must be counted a positive good for America (sorry, Canada; consider it payback for Brian Adams).
Next up: House contempt vote for Eric Holder, because right-wing bile and unicorn farts are the proper business of the US Congress, natch.
I had just oiled my assless leather chaps, and picked out a good WalMart to raid, too. I never get to have any fun in this stoopid country...
Mike Pence just apologized for comparing this decision to 9/11. And you thought Lil' Mitch was fun.
ReplyDeleteRoberts' "tax-based" decision sounds for all the world like the sort of thing that happens whenever any Grand High Poobah decides to get tricky.
ReplyDeleteFirst, I don't like this ACA at all. It was written for corporations, by corporations. (In other words, the best thing one can hope for from President Obama.)
But I am as addicted to schadenfreude as the rest of you, so lettuce laugh while we may.
P.S.
Chichimec (on Eschaton)
Bob McDonnell on MSNBC: Mandate is the largest tax increase on the middle class in history. Massive power grab, also.
Fox News endlessly showing clips of Obama saying he will not increase taxes on the middle class.
The narrative is set. Tax increase on middle class.
Roberts is a clever one, he is.
Roberts is doing the best he can for the G.O.P. with the cards he's been dealt.
~
I've got to believe he looked at what happened since Citizens United was decided and thought, Jeebus, one Dred Scott per tenure is enough, thanks.
ReplyDeleteI'VE got to believe that he read through the now-official dissent written by Scalia (which very clear evidence indicates was supposed to be the majority opinion until the very last minute) and said to himself HOLY SHIT, I CAN'T PUT MY SIGNATURE ON THIS INSANITY!!