28. June 2012 · Comments Off on The Justice Who Fell From Grace With the Conservatives · Categories: Commentary, Health Care, Politics

How ironic that the conservative Supreme Court Justice Roberts, former darling of the Teapublicans, should be the deciding vote to declare Obamacare to be Constitutional.

And how quickly the ideological right can turn on its own in a self-righteous temper-tantrum when they don’t get their way. Even before the ruling was completely read and understood, the right wing talking heads had declared Roberts a traitor.

Yet Roberts truly did return a very conservative decision—much to the chagrin of the pseudo-conservatives. He said it himself when he wrote “it is not our job to save the people from the consequences of their political choices,” thus refusing to take a political stance and doing his job by making a strictly Constitutional decision. He also wrote: “The federal government does not have the power to order people to buy health insurance. … The federal government does have the power to impose a tax on those without health insurance,” even correcting the government’s oral argument for upholding the law from one under the Commerce clause of the Constitution to one under the ability of Congress to levy taxes.

Update: The government did provide a number of written briefs to the court based upon the Congressional ability to levy taxes.

The reason that this is a truly conservative decision, despite the Teapublican protests to the contrary, is that Justice Roberts ruled on strictly Constitutional grounds rather than political ones. And that has the right calling him a traitor.

I guess that they are too politicized to understand what a true conservative really is.

To be fair, I certainly do not agree with all of the decisions made by Justice Roberts or the Supreme court as a whole. And yet another irony is that, while I agree with this particular decision for various reasons, I think the liberal Justices were not incorrect in their reasoning as they would have used the Commerce clause of the Constitution to uphold the law. Justice Ginsburg wrote, “Unlike the market for almost any other product or service, the market for medical care is one in which all individuals inevitably participate. … Virtually every person residing in the United States, sooner or later, will visit a doctor or other health care professional.”

Regardless of which Constitutional clause is used as the foundation for the argument to uphold Obamacare, the United States of America is a better place today because more of our citizens have access to affordable health care—including the Teapublicans.

Comments closed.