Surprise or Not?
June 28, 2012
Rarely have so many different elements of American society awaited a U.S. Supreme Court decision as was the case for this morning’s decision which essentially sustained the constitutionality of the Affordable Healthcare Act. (Even the Bush vs. Gore decision in 2000, which had drama as well as politics and history coloring the decision, was not in the classical realm of the Court considering the constitutionality of a major piece of legislation.)
While today’s decision was not a perfect one for its advocates and the Obama Administration it was much different than many Supreme Court observers had expected after hearing the oral arguments some months ago. There are many who will address the specific legal questions in the case, but this decision has a number of important political and historical ramifications which need to be underscored.
With respect to the Supreme Court itself, Chief John Roberts, as many had assumed very much wanted to write the majority opinion in this case. Like Chief Justice Earl Warren in the Brown case—or even Chief Justice John Marshall in the early 19th Century-- Roberts saw this as his opportunity to put his name on history. In fact some had assumed he would write to overturn by 5-4 but would sustain with a 6-3 vote using Justice Kennedy as a cover. Roberts, however, went one step farther than even those scenarios. He led the Court’s liberal wing in the majority. How dramatic!
He picked up Congress’ taxing power, to write his opinion, and dropped the commerce clause argument, and brought together a majority. Roberts no doubt surprised his colleagues on the right as much as he did those on the left, but he brought his name and that of his leadership of this Court into the history books.
At the political level, the President received a victory which he probably never expected. There were probably more hours spent both in the White House and among his re-election team preparing various scenarios of how to respond to whatever bad blow healthcare might receive from the Court. Instead, they were able to march out and proclaim vindication and victory.
For the presumptive Republican nominee Mitt Romney, this decision—no matter how he will try to paint it—is a blow to his campaign and to one of his most important campaign planks against the Obama Presidency. Say what he will about what he will do once elected to overturn Obamacare, Romney understands that this is only more rhetoric than it is substance. Passing a new law probably would require a 60 vote majority in the Senate, plus the House. It would then need to create a compelling environment and case for the Court to consider turning itself around; something no Court ever likes to do.
So today is a day in America where the law, politics, history, and millions of Americans without healthcare won. Not a bad harbinger on the advent of next week’s Independence Day celebration.
Comments
Elias
June 28, 2012
your statement”...So today is a day in America where law, politics,history…won"is unbelievable gall. Typical of the attitude of liberals - “we are right and you are evil” Is your reader to conclude that if the verdict had gone the other way, law, ;politics and history were lost? Is there absolutely no case to be made for a different veridct without destroying our republic? For shame.
Moishe (Thomas) Goldstein Toronto, Canada
June 28, 2012
Today the America of the future won.
Congratulations from your northern neighbour, in health care at least, your role model.
Bob H
June 28, 2012
How dramatic indeed! It is not every day that the combined forces of law, politics, and history have advanced through the efforts of a single man, a man who was able to toss off the fetters of a written constitution and truly place his name, and that of the Court now so properly named after him, into the history books.
One trembles appreciatively at the prospect of governance by such men who seek an opportunity to put their name on history, especially in our collective journey to its sunny uplands. And to those who might disagree and seek more humble aspirants to public office, one can only say: Let justice prevail, though the heavens (and the Constitution) may fall!
Ben A
June 29, 2012
People, read the decision. Roberts and the conservative wing achieved a long sought after goal yesterday - turning off the spigot that is the commerce clause. This piece of the decision will have far reaching consequences for years to come, allowing for devolution and experimentation by the States. With incredible finesse, Roberts did what you would expect a true conservative, and not a reactionary one would do, defer to Congress where there is a rational basis for doing so while shutting down the nonsensical arrogation of power to the federal government by accepting the idea that inactivity can be regulated or penalized. Roberts also called a pig by its name - Obama is raising a health care tax to pay insurance cartels to ostensibly deliver healthcare something he never admitted to doing because he is not a transparent leader and used everymeans to get his way. Is the policy good? Will it solve a disastrous healthcare model? Who knows but what is essential is that the Court not get sullied in a partisan political debate. Well done Chief Justice.