Chris Saxman: Cold Fusion-Chief Justice Machiavelli Edition
Sure, he was the deciding vote in ruling ObamaCare constitutional, but he did it in such a way that one cannot help but think he was thinking long term. Very long term.
Roberts basically rewrote the law declaring the individual mandate a tax which he then opined was within the power of Congress to legislate. Ok. That’s the way he saw it.
He also invalidated the Obama Administration position that is was constitutional under a broad interpretation of the Commerce Clause. This is now the Supreme Court’s ruling on that issue – for a very long time. Lower courts and legislatures will have to govern accordingly. Consider that a big win for conservatives who long for a more limited government role in our lives.
Back to the tax issue.
By declaring the mandate a tax, Roberts places the law in the position of being repealed not with the usual sixty votes in the Senate but now fifty one. Fifty one votes is all that is needed to repeal a tax under a voting procedure called reconciliation.
The campaign directed at the Court waged by the Left might very well back fire as Roberts has now placed the burden on the electorate and the Senate Democrats. No longer can the Court be accused of judicial activism since the Left got the vote it desired with ObamaCare being upheld. No longer will the Obama campaign use the Court as a political pinata in this year’s elections.
Why would Chief Justice go through all this rather than simply vote against ObamaCare and rule it unconstitutional under the Commerce Clause?
With four current Supreme Court justices in their mid to upper seventies, turn over will be occurring in the near future. Roberts knows full well that the next President of the United States will have to nominate replacements who then will be confirmed by the Senate.
The current composition of the United States Senate is 53 members who caucus with the Democrats and 47 who caucus with the Republicans. A net pick up of four seats in the Senate gives the Republicans control. Democrats will have to defend Senate seats that are already labeled Toss Ups or Likely Republican pickups in Nebraska, North Dakota, Missouri, Montana, Florida, New Mexico, Wisconsin and Virginia. While defending similar scenarios in Massachusetts, Maine, Nevada and Arizona.
They will be on defense in eight states and on offense in just four with a totally fired up Republican base and a recent Rasmussen poll with a 53% disapproval rating for ObamaCare.
While polling has not been announced in those states and in those races, Mitt Romney raised almost five million dollars online yesterday in less than twenty four hours. The intensity gap that Romney had with certain segments of his party’s base is GONE. The base of the Republican Party is united, well funded and focused.
The Nation’s economy is stalled and with this ruling it is highly unlikely that businesses will begin hiring anytime soon. Our National Debt is accelerating to a staggeringly dangerous $16 TRILLION. The current Senate has not passed a super duper unbalanced budget in over three years.
What Democratic Senate candidate wants to run on that trifecta with the only bright spot being the largest tax increase in the history of the Nation hanging around their neck?
Small wonder Obama and the Democrats are trying to say “It’s time to move on” and “look at all the great benefits of this new law.” The problem is that most people who will decide this election aren’t getting the benefits and have yet to pay the tax.
I have no idea what was actually on the mind of Chief Justice Roberts when he came to his final decision, but we can see it in his opinion. Legal scholars will wrangle over it for years. Politicians on the other hand? Well…
There were a lot of Republicans on the cable news stations yesterday, later in the day obviously, with barely restrained Cheshire Cat grins on their faces. They were desperately trying to show their displeasure at the ruling but their political minds were like young kids at Christmas opening up the REALLY big gift staring them in the face.
The Democrats woke up today hungover from their celebrations in which they praised Roberts for not being a judicial activist. Today, they will begin to deal with political realities that Roberts has unleashed upon them while having to defend him and his opinion.
Hooray! It’s a tax. Good luck with that.
Sure my view is largely political, but that’s because I never studied law and neither did Niccolo Machiavelli.
All Hail The Prince John Roberts!
You don’t think he remembered that then Senators Barack Obama and Joe Biden voted against his confirmation, do you?
Nah…this was about the law. Nothing more.