Thursday, June 28, 2012
Supreme Court Upholds Health Care Law: A Victory For America, Democrats and for Healthcare Reformers
Before I go farther then this, I just want to give kudos to two people, Dhalia Lithwick a columnist for the Liberal Slate Magazine. Which is a magazine that along with the New Republic, is something that Liberals such as myself and many others read everyday. Called this Supreme Court ruling from day one, saying it would be upheld and I'm guessing she was following the arguments made by. Chief Justice John Roberts, who I agree sounded the most sympathetic to proponents of the Affordable Care Act from the right but I never expected that he would vote for the Individual Mandate. I thought he and Justice Kennedy would rule in favor of the Constitutionality of the rest of the bill, except for maybe the Medicaid Provision. I predicted just two days ago that the ACA would get held up, either 6-3, with both Chief Justice Roberts and Justice Kennedy voting for the ACA. The broader bill but throw out the Individual Mandate, so I and Jeff Toobin, Liberal Democrat and CNN Legal Analyst were wrong and we were both following Justice Kennedy as the Swing Vote. I'm glad I was wrong because I support the ACA as well but like a lot of Democrats would've gone farther but Dhalia Lithwick was right and Chief Justice Roberts deserves credit for that as well.
I probably rarely agree with John Roberts on anything but have respected and liked him from day one. And as a Liberal I've never seen him as terrifying, as someone who would vote to throw out basic freedoms that America has. I like him during his 2005 Supreme Court Nomination Hearings, its Justice Same Alito, that has gone along with the Unitary Executive theory that Neoconservatives have been throwing around at least since the George W. Bush Administration. That the Executive doesn't have to respond to Congress and that the Executive can override Congress and the Judiciary, if they see it in the National Interest. But what Chief Justice Roberts did today, was to stand up for the Supreme Court and Congress. That Congress writes laws and the Supreme Court's role is to review the Constitutionality of those laws. Not to rule on whether they are good policy or not, which is what he Supreme Court did today.
If you are a real Conservative and are against Judicial Activism and support Judicial Restraint. And that Congress, the Executive and Judiciary shouldn't overstep their Constitutional Authority and live within their powers. Even if you don't support the Affordable Care Act and I haven't found a single Conservative who supports it, then you should like Chief Justice Roberts decision. Where he said and I'm paraphrasing here but its not the job of the Supreme Court to save Americans from the politicians that they voted for. Thats what Judicial Restraint is about living within the authority of the Supreme Court. And now if Congress decides to, can repeal the ACA.