June 29, 2012

Legal Insurrection calls it perfectly

Do we want this?...
What he said... Stop the self-delusion;
Some well-meaning people are peddling the notion that today’s Obamacare decision was a long term victory, that we lost the battle but won the war, that there was some master plan by Chief Justice Roberts to gut the expansion of Commerce Clause power under the fig leaf of a majority ruling upholding the mandate under Congress’s taxing power.

To paraphrase Joe Biden, I have just four words for you:


If this were some other more narrow law, if this was not a monumental takeover of the most private aspects of our lives, if this monstrosity would not cause such long term damage to our health care system, if this law was not Obamacare ….

I might be inclined to agree with you.

But it is Obamacare, it is the takeover of a substantial portion of our economy which empowers the federal government to write tens of thousands of pages of regulations telling us how to live and how to die.

This was the hill to fight on for any conservative Justice of the Supreme Court.
Or this?
Amen and Amen.  The only words I would change are "well-meaning".  Instead I would use perhaps "obsequious" or "timid", or "oblivious".  But other than that, I cannot and should not quibble with blogging brilliance.  William ends the post as strongly as he opens it;
This is now, and today we should have been rid of this monstrosity.

We live to fight another day, but don’t tell me we won because someday possibly in the future in some other case with some other set of Justices we maybe might achieve some doctrinal benefit from the Commerce Clause ruling.

So please don’t delude yourselves. Today was a bitter loss because it was one we should have won.
Indeed.  Yes, it will fire up the base for the election, but that's small consolation in the big picture.
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