June 28, 2012

A sampling of reasons why SCOTUS was wrong

Snatching defeat from the jaws of victory.
Here are a few other places on the Internet that agree with my opinion, the Supreme Court made the wrong call on Obamacare.

Via Joel Pollak at Big Government;
For conservatives, it will be difficult not to see the Court a political institution whose rules and culture are hostile. It is now customary for Republican appointees to become more left-wing over time; the reverse almost never happens. The answer cannot be to win more elections. A bigger shift, in the legal academy perhaps, will be necessary to restore what conservatives consider the Framers' constitutional vision. And that could take generations.

The Supreme Court has made a wrong decision, for the wrong reasons, in defense of a wrong policy. If citizens do not rush to the polls to undo what has happened--and after today, I am not certain that they will--our health care system will be ruined, our Treasury bankrupted, and our Republic endangered.
Ben Shaprio also at Big Government re-questions John Roberts as a SCOTUS pick;
Now, I wasn’t a prophet or a genius. I was a first-year student at Harvard Law School when I wrote these words. I knew that Roberts was a bad pick because he didn’t have a proven track record of adherence to the Constitution. He was picked by President Bush because Bush knew he didn’t have a track record – and he knew that Roberts would sail through the confirmation process without a hitch.

That should have been an indicator that Roberts was a rotten pick. Nobody doubted Robert Bork’s originalist credentials. Nobody doubted Clarence Thomas’. Nobody doubts Judge Janice Rogers Brown’s. But nobody had any reason to buy into Roberts as an originalist. Yet they did.
At Heritage Foundation, they see the folly also;
The effects of the decision will be felt far beyond ObamaCare. By allowing government to require Americans to buy a product or service at the federal government’s direction, the Court has seriously damaged the principle of limited government. The decision announced today could open the door to even more dictates from Washington for generations to come. Indeed, anyone who has any doubts about this need only read the Court’s suggestion that Congress could force Americans to buy energy efficient windows or pay a tax.
At American Thinker, some begin to wonder if it's all over now;
Welcome to socialized medicine in the U.S.A....

Roberts is the latest in a long line of supposedly "conservative" Republican Supreme Court appointees to vastly expand government power...

Obviously, hitching conservative fortunes to Republican judicial appointees, and the Republican Party generally, has been a failure. Is it time for a conservative third party?

...The United Sates is not "becoming" socialist. It is already socialist. The Federal government spends approximately 25% of GDP, and when you add in state and local taxes, the average government take is closer to 40% of GDP - and higher for some income brackets. And frankly, a lot of people like it that way...

The SCOTUS simply made America more socialist than it already was. How are conservatives going to convince large segments of the public to give up their socialism? Is it even possible to do so?

...Conservatives have lost on almost all major issues -- from abortion to socialized medicine to affirmative action to illegal immigration to gays in the military. Is it even possible to advance a conservative agenda any more in the United States as presently constituted ?
There's plenty more of opinion like that, but the worry is there clearly is not enough of opinions like that.  You can try to spin the tactical victory on the tax versus Commerce Clause as much as possible (as many conservatives already have), but the truly big loss for America is the damning precedent this sets, as well as the political loss of having a 'conservative' Chief Justice either not turn out to be so conservative or else being bullied into being not so conservative in the name of having the court remain above the political fray.  A loss is a loss is a loss.  A win in November in the Senate, Congress and White House does not do enough to undo a court ready to drop liberal opinions upon the nation, regardless of reason, and more importantly, willing to distort both the intent of a law and the spirit of the Constitution in order keep it's hands unbloodied.

The country lost, at least in the eyes of those awake enough to still care.


  1. What is the point of even fighting anymore? Like it was said earlier...we aren't moving to socialism. We are already there! I will vote in November, but if Obama wins again I will be finished voting or participating in the political process forever.


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