Sunday, January 20, 2013

Oh Lawdy, We Saved! ......... right?

Oh My

  Bad Judges               

Time Bomb?
Indeed, but not the way Will thinks.

Res Ipsa Loquitor
Actual problem#1

The initial reaction by many stunned conservative to the court decision that upheld Obamacare was— Roberts is a genius!"  He was of course nothing of the sort.  Anecdotal evidence suggests that his decision was more a slap at Justice Scalia, because he pushed too hard for calling find the entire law unconstitutional. Which it obviously is.   So, instead of casting his lot with the four justices who, as a rule live within the written constitution they are sworn to uphold, Roberts went with the four, two of them appointed by Obama, who almost never stay in bounds.

 George Will here revisits the genius tract, writing The time bomb in Obamacare?   Have at it, but here's the part that really grabbed me.
This did not, however, doom the ACA because Roberts invoked what Lambert calls “a longstanding interpretive canon that calls for the court, if possible, to interpret statutes in a way that preserves their constitutionality.” Roberts did this by ruling that what Congress called a “penalty” for not obeying the mandate was really a tax on noncompliance.

I don't know where this longstanding canon came from, but the Warren Court sounds about right.  This "canon" then explains why the court NEVER flat-out slams the door on anything.

In the end, Will leaves his readers with another quaint notion.

Republicans will ferociously resist exacerbating the nation’s financial crisis in order to rescue the ACA.

Sure they will.


Anonymous said...

Yeah genius tract is right-Roberts has a full blown case of the DC trots-he's a disgrace, we could have put a stake through this nightmare.

Alear said...

HANK: I thought you were busy teaching girls to blow up basketballs. When did this turn into a desire to ruin wrestling?
PEGGY: Oh, give me a break. I don't see how having a girl on the team would ruin it. Did a woman judge ruin the Supreme Court?
HANK: Yes, and that woman's name was Earl Warren.

Anonymous said...

Rog, more importantly, have you noticed Moochele has stolen Jim Carreys haircut from Dumb and Dumber? Gentlemen, start your photoshops.

DougM said...

I gotcher Michelle's haircut rahcheer.

Post a Comment

Just type your name and post as anonymous if you don't have a Blogger profile.