I have been listening (over and over) to the right crying foul from SCOTUS today. I must point out that the overwhelming comments from the Republicans has always been conservatives on the bench to rule on law, not OPINIONS about the law. Chief Roberts eloquently, albeit begrudgingly, commented on just that. He alluded to the fact that SCOTUS does not make law, the Congress does, and they are subject to the ire of the voter:
The essence of Roberts’s ruling was:
• “The Affordable Care Act is constitutional in part and unconstitutional in part,” Roberts wrote.
• “The individual mandate cannot be upheld as an exercise of Congress’s power under the Commerce Clause. That Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage in it.”
• But “it is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but (who) choose to go without health insurance. Such legislation is within Congress’s power to tax.”
Roberts made a point of noting that he and the other justices “possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.”
We knew how the other justices (except justice Kennedy) were going to align themselves…on the right and left. This is the problem with the court. Chief Justice Roberts said from the start that he wanted to stop that. He took a chance….a BIG chance…of putting the Court where it needs to be, and that’s using the tool of the Constitution.
Like I said, like it or not, Chief Justice John Roberts stepped onto ground that the Supreme Court hasn’t been on in a while – Impartiality. It may be bad public policy, but that isn’t the job of the court.
Now, it’s up to the side that you pick whether or not Obamacare lives beyond 2012. But Chief Justice Roberts move may have been a wise one. He just told you whose responsibility that it was to fix it.
You can at least now feel good that the leader of our SCOTUS is looking at the Constitution and using it to measure Congress. I think the founders would be happy right now. Not with Obamacare, but with an honest attempt at Judiciary…