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Redstate...
I’m Not Down on John
Roberts
by Erick Erickson
Thursday, June 28th
Editor’s Note: Erick Erickson is a fiscal conservative who is equally
critical of both political parties for their spending excesses. He also
takes the time to analyze – in depth – many of the major issues of
concern today. This is a response to Thursday’s Supreme Court decision
that is definitely worth your time to read.
Having gone through the opinion, I am not going to beat up on John
Roberts. I am disappointed, but I want to make a few points. John
Roberts is playing at a different game than the rest of us. We’re on
poker. He’s on chess.
First, I get the strong sense from a few anecdotal stories about
Roberts over the past few months and the way he has written this
opinion that he very, very much was concerned about keeping the Supreme
Court above the partisan fray and damaging the reputation of the Court
long term. It seems to me the left was smart to make a full frontal
assault on the Court as it persuaded Roberts.
Second, in writing his case, Roberts forces everyone to deal with the
issue as a political, not a legal issue. In the past twenty years,
Republicans have punted a number of issues to the Supreme Court asking
the Court to save us from ourselves. They can’t do that with Roberts.
They tried with McCain-Feingold, which was originally upheld. This case
is a timely reminder to the GOP that five votes are not a sure thing.
Third, while Roberts has expanded the taxation power, which I don’t
really think is a massive expansion from what it was, Roberts has
curtailed the commerce clause as an avenue for Congressional overreach.
In so doing, he has affirmed the Democrats are massive taxers. In fact,
I would argue that this may prevent future mandates in that no one is
going to go around campaigning on new massive tax increases. On the
upside, I guess we can tax the hell out of abortion now. Likewise, in a
7 to 2 decision, the Court shows a strong majority still recognize the
concept of federalism and the restrains of Congress in forcing states
to adhere to the whims of the federal government.
Fourth, in forcing us to deal with this politically, the Democrats are
going to have a hard time running to November claiming the American
people need to vote for them to preserve Obamacare. It remains deeply,
deeply unpopular with the American people. If they want to make a vote
for them a vote for keeping a massive tax increase, let them try.
Fifth, the decision totally removes a growing left-wing talking point
that suddenly they must vote for Obama because of judges. The Supreme
Court as a November issue for the left is gone. For the right? That
sound you hear is the marching of libertarians into Camp Romney, with
noses held, knowing that the libertarian and conservative coalitions
must unite to defeat Obama and Obamacare.
Finally, while I am not down on John Roberts like many of you are
today, i will be very down on Congressional Republicans if they do not
now try to shut down the individual mandate. Force the Democrats on the
record about the mandate. Defund Obamacare. This now, by necessity, is
a political fight and the GOP sure as hell should fight.
60% of Americans agree with them on the issue. And guess what? The
Democrats have been saying for a while that individual pieces of
Obamacare are quite popular. With John Roberts’ opinion, the repeal
fight takes place on GOP turf, not Democrat turf. The all or nothing
repeal has always been better ground for the GOP and now John Roberts
has forced everyone onto that ground.
It seems very, very clear to me in reviewing John Roberts’ decision
that he is playing a much longer game than us and can afford to with a
life tenure. And he probably just handed Mitt Romney the White House.
*A friend points out one other thing — go back to 2009. Olympia Snowe
was the deciding vote to get Obamacare out of the Senate Committee. Had
she voted no, we’d not be here now.
Read this and other articles at Redstate
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