A cynics view of the health care decision:
Am I being cynical?
Or did Justice Roberts just toss a poison pill into the Health Care
ruling by calling the individual mandate penalty a “tax” thereby handing Romney
a big fat issue to bolster his Presidential campaign.
While the Health Care ruling is a major victory for the
Obama Administration and, we can only hope, a step toward a more comprehensive
health care system such as Medicare for All, Roberts has cleverly and as deftly
as robed Carl Rove and Grover Norquist, handed Romney and the republicans a big
fat political contribution disguised as an insightful reading of the
Constitution’s Commerce Clause, which, according to Roberts, would not allow
such a mandate, while the “taxing” clause does.
Avoiding or wading into the political arena?
In her Friday Chronicle column, Deborah Saunders spins this as
the Court wisely staying out of politics, but what could be more political than
tossing the “tax grenade” into your opponent’s lap?
And never think for one moment that Roberts and the conservative
members of the Supreme Court Justices are not the opponents of the Obama
Administration and Democratic principles?
Usually voting with his gang of five right wing colleagues to undercut
civil liberties, criminal justice and other progressive legislation, Roberts took
a more nuanced and devious route to achieving the goals of the conservative
agenda – showing his prowess at playing the political game as astutely as the
best of the back room operatives and lobbyists.
Separation of powers, or bring on corporate rule?
Is this a portent of rulings to come? Yes, I
am cynical. As a lawyer, it is disheartening to see the lines between the
branches of government blurring and then even worse, the lines between government
and corporatism having been but all erased, thanks to the Roberts Court. It’s all part of a continuum, down the rabbit
hole we go with decisions like Bush v. Gore, Citizens United and whatever the
fallout will be in the November 2012 election with this health care decision.
