Blog Credo

The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary.

H.L. Mencken

Thursday, June 28, 2012


Yeah, this is better.

I was listening on satellite radio when the decision came down.  They, too, like CNN and Fox got it wrong at first.  Since Roberts insisted on an 18th century reading of the commerce clause, it must have seemed like the mandate was thrown out.

Immediately afterwards, they went pure horserace.  "Who will be helped by this?"  Naturally, it was the Republicans.  For those of you with the gift of short memory spans, during the 2008 campaign, Mark Halperin said that John McCain not remembering how many houses he had was "good news for John McCain".  Similar treatment was bestowed upon Caribou Barbie, the Quitta from Wasilla.

Basically, the guy said this gives Romney a clear angle to attack Obama.

Because, um, the GOP had been lacking angles to attack him previously?  Many Republicans think he both is an acolyte of Jeremiah Wright and a Muslim SIMULTANEOUSLY.  Most think he MIGHT BE FROM KENYA.  They want government out of their Medicare.  If Roberts had not ruled for the taxing power, they would be attacking Obama for passing an unconstitutional law.  Shorter version, the GOP will attack Obama for letting the sun come up in the east, showing his strong east coast liberal elite bias.

Personally, I think the President's speech was quite good and succinct.  I hope he keeps making that case.  With the Court signing off on the law, ACA could indeed become a campaign issue, which might require the President to explain that all those good things that even majorities of Republicans approve of would be ended if Romney gets elected.

Nobody likes the mandate (I mean, it's a Republican idea after all), but the rest of the bill is popular.  If Obama has to defend it, I think he can do a good job.  Not to mention that Romney is perhaps the single worst Republican politician to attack this bill.  It's HIS FREAKING BILL.

As far as the Court goes, I'm not terribly surprised Roberts decided to uphold.  This would have been an overreach not seen since Dred Scott.  The legitimacy of the Court would have been severely tarnished, especially coming on the heels of Bush v Gore and Citizens United.  He doesn't want that.

Plus, and I think this is important, ACA does not gore the corporate ox.  Corporations are likely OK with ACA.  They aren't OK with Obama, but this bill is not a problem for them.  Loss of legitimacy of a Court that is handing them victory after victory would be.  Not to mention, throwing out the mandate but leaving the rest of the bill in place would screw the insurance company.

Roberts merely showed that his natural sympathies are more in line with corporate America than the Republican base.

What's scary as hell is that Kennedy joined the minority.

Part of me thinks that Roberts didn't want a 6-3 decision holding for ACA.  That seems like a slam dunk since Scalito and Thomas are absolutely fucking insane at this point.  A 6-3 decision is about as good as a 9-0 decision given the makeup of the Court.

So maybe he nudged Kennedy into the minority.  We can only hope, because if Kennedy has joined Scalito and Thomas, we are royally screwed.

No comments: