The Chief Justice's Gambit (Not as bad as we think??)

Rea Clear Politics ^ | June 27,2012 | Sean Trende

[Hojczyk]

But I think if you scratch the surface here, Roberts embarked upon a gambit much like Marshall did 200 years ago. For the results-oriented -- which is to say, most observers on both sides who have been ranting about the Constitution for the past few months -- this is a clear win for the Obama administration, at least in the short term. By removing most legal impediments to the implementation of the law, the odds that the president’s signature legislation will eventually be implemented have risen.

1. The law still has a good chance of not being implemented.

2. Doctrinally, The Federalist Society got everything it wanted.

But judicial conservatives who are not just concerned about the outcome got more than they could have reasonably hoped for. Doctrinally speaking, this case will likely be remembered as a watershed decision for conservatives.

Five justices just signaled to lower courts that, but for the unique taxation power argument, they were prepared to rule that a major act of Congress that plainly touched upon economic activity exceeded Congress’ commerce powers. Right now, liberals are seemingly too busy celebrating their win, and conservatives bemoaning their loss, to realize the significance of this.

3. The chief justice has built up some political capital.

Roberts has basically done what John Marshall did: Insulate the court from criticism of bald partisan bias and infidelity to, as he once put it, calling balls and strikes. He’s earning plaudits from the left. Though the right is grumbling, I suspect they won’t be doing so for long

4. This matters in the long run -- a lot.

All told, it is easier for the conservative wing of the court to make some significant rulings in some other policy areas.

[Digger]

It’s over, they won, we lost. People can’t face reality so they are trying to spin this as some kind of “win” for us....there is no “win” here.

Like I have stated, over the last 20 yrs whatever the elites want & that being the big issues they ALWAYS get. There can be 85 conservative senators & these elites can peel off the number needed to rule against the people. Yes, it is & WAS over with the last election - this is just the consequences of such.

[publius911]

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[SuperLuminal]

"Not as bad as we think?"

That question is about as asinine/moronic as the Roberts majority opinion!

[LibLieSlayer]

This is just spinning to justify the roberts decision. Levin says that you would have to be stark raving mad to agree with this decision. The SCOTUS asked for this to be argued on 4 points... they asked for four and only four points... and roberts decides this case on a convoluted 5th point. Scalia, Alito and Thomas all disagreed STRONGLY with roberts and their opinions rip him and his jurisprudence to shreds. I cannot believe that people want to rationalize the worst SCOTUS decision in the HISTORY of this Republic... maybe the very decision that starts the beginning of the end.

LLS

[LibLieSlayer]

You were correct... the rat bastard fooled me twice... but no bush will ever fool me again.

LLS

[LibLieSlayer]

It was only last night that some did not want to hear that roberts would vote to affirm... but we were right and he did. Anyone that thinks romney has this sewn up would be wrong. There are no guarantees in America any longer... not one.

LLS

[LibLieSlayer]

Mark has been magnificent tonight.

LLS

[LibLieSlayer]

No excuses... Conservatives do not lie... not even to ourselves. We are not dims or leftists and most of us have had it with lies and spin and party BS. There can be no more coddling of political damage control for the republican elite. roberts deserves all of the ire of Constitutionalists and them some.

LLS

[tennmountainman]

Hi LLS,

Yes he has. Listening now to 3rd hour.

[Twink]

Of course Conservatives lie, even to themselves. No one, no one, is perfect. Roberts isn’t the enemy. I’m trying to understand his decision and still working through it but he’s human, like the rest of us. And I challenge anyone who claims to be perfect, has never lied, etc.

This crossing off people for whatever reason imaginable isn’t the way to change things. IMO which means nothing more than your opinion means. We either change what our Country has become or we don’t but blaming others isn’t going to change a damn thing.

[Kazan]

Let’s see - Scalia, Kennedy (Reagan) Thomas (GHWBush), Alito (GWBush) voted to strike down Obamacare.

Oh, you left a couple -- Sandra Day O'Connor and David Souter, who were also put on the courts by Republicans. And, Kennedy is often on the liberal side.

Republicans are doing no better than 50%. That isn't good enough when Democratic Presidents are making the right picks 100% of the time.

[Kazan]

Let’s see - Scalia, Kennedy (Reagan) Thomas (GHWBush), Alito (GWBush) voted to strike down Obamacare.

Oh, you left out a couple -- Sandra Day O'Connor and David Souter, who were also put on the courts by Republicans. And, Kennedy is often on the liberal side.

Republicans are doing no better than 50%. That isn't good enough when Democratic Presidents are making the right picks 100% of the time.

[Twink]

There were never any guarantees. Ever. Our Govt is only allowed to get away with/make laws, etc. to the extent the people allow it.

I tried explaining to my college age kids what this SCOTUS decision means. While at the same time trying to understand it myself. Like most of the country who bother to keep informed of politics, it’s a bit confusing trying to get past the propaganda from all sides.

Politicians have lied since before Rome. It’s not anything new to anyone who has studied history.

Nothing will change unless the people make changes. As they have since the beginnig of time.

[WOSG]

“Oh, you left out a couple — Sandra Day O’Connor and David Souter”

Um, no, they are off the court; neither ruled today.
I was talking about Justices ruled today.

80% score for GOP appointees.
0% score for Dem appointees.

“That isn’t good enough when Democratic Presidents are making the right picks 100% of the time.”

The Dem picks have been AWFUL, NO-GOOD TERRIBLE for our Constitution. ‘right picks’?!?

[txhurl]

I work for one of the biggest companies in the country and it was implemented immediately.

Can still be repealed. Those software switches triggered can be un-triggered just as fast. Dropping, adding, changing coverage is what all insurance software can do on a dime.

[Cyber Liberty]

I’m surprised someone hasn’t mentioned to you Harriet Meirs was replaced by Alito, not Roberts. Hey, it’s been a bloody busy day, as we knew it would be.

[Helen]

Thanks for posting this. After listening to all the people who are supposed to understand all this, I’m still totally confused about just what happened with Roberts. I like this one. I think I will shut the TV, computer, and iPad down with the thoughts portrayed here, and pretend all is well.

[Cyber Liberty]

You are wrong. Prior to this decision, a tax was for the purpose of raising revenue.

You are the one who's wrong. To liberals, the purpose of tax is not to raise revenue, but to level the income playing field. "Fairness." Check out the way they dissemble like crazy whenever you point out the fact that increasing taxes on the higher earners actually reduces revenue. They leave the field of rational thought and point to "fairness."

The other poster (joe fonebone) is correct to point out the Congress has always been free to levy whatever tax they want, but it's extremely unpopular as a general proposition, so there is a natural firewall to it.

[neverdem]

He got a lemon. We’ll see how the lemonade turns out.

[Viking2002]

That's all well and good if one assumes that Roberts' stand was for those very reasons alone. But I'm not a psychoanalyst; nor do I divine wisdom from reading tea leaves, as seems to be the author's professional stock in trade. I rate this armchair analysis as.........

"As democracy is perfected, the office represents, more and more closely, the inner soul of the people. We move toward a lofty ideal. On some great and glorious day the plain folks of the land will reach their hearts desire at last, and the White House will be adorned by a downright moron."

--H.L. Mencken, The Baltimore Evening Sun, July 26, 1920