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Progressives To SCOTUS: Do The Right Thing And Ignore The Constitution
The Federalist ^ | January 7, 2015 | David Harsanyi

Posted on 01/07/2015 3:35:10 PM PST by Kaslin

If the Supreme Court dismantles a core provision in Obamacare, America will be plunged into a pre-2010 levels of dystopia – or worse. If Democrats are forced by the court to follow the law they wrote, then 36 states that aren’t interested in hosting federal “exchanges” would no longer be forced to do so and, consequently, the American Dream would be shattered.

So, needless to say, the pending Supreme Court challenge over the Affordable Care Act via King v. Burwell is the most significant decisions since Hobby Lobby or perhaps Citizens United – or whenever the last time it was the world was going to come tumbling down around us. And while pretending that the legal challenge is laughably weak – a politically motivated charade that has absolutely no chance of success – most left-wing pundits who’ve weighed in on the matter feel oddly compelled to urge SCOTUS to contemplate a whole host of factors that have nothing to do with the law.

Here is The Washington Post’s Greg Sargent laying out the case:

The reason this matters: Highlighting the potential for such a SCOTUS decision to result in widespread disruptions and dire consequences — both for millions who might lose coverage and for the insurance and health care industry in these states — may figure heavily in the government’s strategy for winning the case. Now, it’s possible that expected swing vote John Roberts won’t bother considering such disruptions and consequences in reaching his decision. But who knows — he just might. And the stakes continue to grow.

Widespread disruptions and dire consequences. Chilling stuff. Obviously, the court isn’t immune from the vagaries of political life. It’s unfortunate, but, no doubt, a permanent feature of any court that’s populated with human beings. Even a number of Republicans and libertarians have argued that a replacement health-care bill would make it easier for the court to act. This may well be true. But there is enormous difference between a justice holding an ideological or legal outlook and one surrendering to the politics day. Liberals are hoping they can make the latter a reality.

Most bothersome, though, is the fact that the Left doesn’t even bother pretending that the Constitution is more important than acts of progressive righteousness. We see it with left-wing groups openly pushing for more executive actions that directly circumvent legislative process. We see it with King v. Burwell, as well. Justice Roberts will have blood on his hands if he undermines progress – never mind the case. That this is the sort of reasoning that “might weigh heavily in the government’s strategy for winning” in the case is a depressing commentary on that government’s contempt for the court.

We’ve reached a point where liberals not only argue that empathy (well, selective empathy, as you might imagine) should play a leading role in legal decisions, but that the Court should avoiding disrupting any laws that are driven by progressive notions of compassion. You know, because of the “consequences.” And since progressives treat all their reforms as consecrated acts of charity, this would create a rather convenient legal environment for them.

But, of course, they don’t really want justices to use their own moral discretion. What if, for instance, a majority of justices believed that it was Obamacare that was the most disruptive force in the country today? What if they believed ridding America of the ACA would benefit most Americans? If the justices defused Obamacare, think of all the disrupting taxes and regulations they would be saving citizens from. What if justices reasoned that killing Obamacare was the most compassionate thing to do? Would the Left still argue that that they should worry about consequences – or would their position become “political”?

Incidentally, where were all these concerns about disruptions and consequences when a fleeting majority unilaterally stuffed a major reform down the throats of all Americans?

Unlike some self-styled legal scholars with unflinching moral certitude, I don’t know if the King v. Burwell challenge will be successful on the merits. But when the idea that a mere typo had caused all the confusion over state subsidies was debunked, it became necessary to find an alternative argument for public consumption. Liberals chose histrionics. The idea that lifting subsidies for a relatively small number of newly insured Americans will result in the collapse of entire state insurance markets or create unmanageable havoc is not only risible, but transparently political. And anyway, if these government-run exchanges were “marketplaces” of any kind, this lawsuit wouldn’t matter.


TOPICS: Culture/Society; Editorial; Government
KEYWORDS: abortion; davidharsanyi; deathpanels; demagogicparty; demonrats; evil; ignorant; memebuilding; obamacare; partisanmediashill; partisanmediashills; thefederalist; zerocare
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1 posted on 01/07/2015 3:35:10 PM PST by Kaslin
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To: All
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2 posted on 01/07/2015 3:37:50 PM PST by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: Kaslin

> If the Supreme Court dismantles a core provision in Obamacare

The article starts with a lie.


3 posted on 01/07/2015 3:38:46 PM PST by Ray76 (/s)
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To: Kaslin
“Do the right thing....” Where does their definition of “right” come from?
4 posted on 01/07/2015 3:40:11 PM PST by Fungi (Fungi--the reason we have antibiotics, cheese, bread, and wine.)
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To: Kaslin

Traitor Roberts can just rewrite it, like usual....


5 posted on 01/07/2015 3:45:59 PM PST by Paladin2
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To: Kaslin

IMHO the Supreme Court didn’t uphold the constitution with their first ACA decision.


6 posted on 01/07/2015 3:53:09 PM PST by Rusty0604
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To: Kaslin

If the S.C. upholds the law, will unentitled recipients have to pay back what they have illegally received?

If the irs overpays me on a refund, they dang sure will get it back.

Except once. In 1963 I went to the consolidated mail room on base and received my expected tax refund of $27. That’s big bucks when you’re only making $70 per month. Next day I went to check my ,mail and lo and behold, another $27 check from the irs. I went back the next day, hoping for a third check but no such luck.

I guess I got away with it because 52 years later and not a word about from irs


7 posted on 01/07/2015 3:54:48 PM PST by Graybeard58 (Much violence and crime can be explained by the Bell Curve (Bing it))
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To: Graybeard58

>>I guess I got away with it because 52 years later and not a word about from irs<<

Just in case make sure you don’t leak your RL name...


8 posted on 01/07/2015 3:58:19 PM PST by freedumb2003 (AGW: Settled Science? If so, there would only be one model and it would agree with measurements)
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To: Kaslin

I’m going to do the right thing and ignore the SCOTUS.


9 posted on 01/07/2015 3:59:18 PM PST by chris37 (heartless)
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To: Kaslin

Counting slaves in the vote is unconstitutional, but apparently the supremes are getting hijacked for just that purpose.

Their job is to translate, not represent. But I have many judges who did not just sit presiding a court proceeding but tried to bully juries.


10 posted on 01/07/2015 4:03:51 PM PST by lavaroise (A well regulated gun being necessary to the state, the rights of the militia shall not be infringed)
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To: Kaslin

Conservatives to the states: Do the right thing and ignore SCOTUS!


11 posted on 01/07/2015 4:06:28 PM PST by grobdriver (Where is Wilson Blair when you need him?)
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To: Kaslin

The fundamental tenet of progressiveism is to do whatever is required in order to keep progressives in power. Nothing else matters. Whenever and wherever the Constitution intrudes upon this tenet, it must be brushed aside. Providing free bread and entertainment to all those that attend to the Coliseum will ensure that the elite remain in power and enjoy all of riches and privileges that they deserve.


12 posted on 01/07/2015 4:09:11 PM PST by centurion316
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To: Graybeard58
I guess I got away with it because 52 years later and not a word about from irs

With the penalties and interest over 52 years your debt to the United States Government is now $849,477.04

Anyone reporting a tax cheat to the IRS gets 10% of the amount owed as a reward.

I just sent the e-mail to IRS Headquarters in DC.I'll think of you when I take delivery of my new BMW! ;-)

13 posted on 01/07/2015 4:11:14 PM PST by Gay State Conservative (Jimmy Carter;No Longer The Worst President In My Lifetime)
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To: Kaslin

Lots of left wing macaroons, a few who are wishy washy, and one who is definitely going to re-write stuff.

IMHO


14 posted on 01/07/2015 4:19:55 PM PST by ripley
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To: Graybeard58

You might want to calculate what the inflation and penalties added year after year would be if they manage to catch up to you.


15 posted on 01/07/2015 4:22:09 PM PST by jacquej ("You cannot have a conservative government with a liberal culture." (Mark Steyn))
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To: Gay State Conservative

We think alike!


16 posted on 01/07/2015 4:23:14 PM PST by jacquej ("You cannot have a conservative government with a liberal culture." (Mark Steyn))
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To: Kaslin

If they had just opened the bill to scrutiny prior to passing it, then perhaps they would have discovered the problems.


17 posted on 01/07/2015 4:27:43 PM PST by reg45 (Barack 0bama: Implementing class warfare by having no class.)
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To: Gay State Conservative; Graybeard58
With the penalties and interest over 52 years your debt to the United States Government is now $849,477.04

One problem, the IRS has to notify you within 3 years.

But anyway, glad you stuck it to their sorry asses. I hate those Marxists almost as much as I hate the current POS in OUR White House.

18 posted on 01/07/2015 4:29:14 PM PST by unixfox (Abolish Slavery, Repeal the 16th Amendment)
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To: Kaslin
What happens when next the progressives say "Do the right thing, ignore the Constitution, and let Obama have a third term?"

-PJ

19 posted on 01/07/2015 4:35:02 PM PST by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: Kaslin

Really, does SCOTUS need cheering? Chief Justice is just fine ignoring our Constitution, as are 5 of the others most of the time


20 posted on 01/07/2015 4:46:27 PM PST by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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