Friday, June 29, 2012

Quick Thoughts On Yesterday's Ruling

Just some bullet points based on what I've seen and heard over the last 24 hours:

  • Obama et al may be dancing in the end zone, but the wrath of our base will be ferocious come November.  The Court has given the Republican Base and the Tea Party a focused rallying point for the Presidential Race.  I told a friend yesterday this is akin to the Pearl Harbor bombing for the Republican Base.
  • I'm not sure Roberts did anything improper here.  I'm not a legal scholar, but I know enough about the separation of powers to know that the Court's proper role is to interpret the Constitution, not to rule based on policy preference.  Roberts simply said, "this passes based on the fact that the mandate is a tax, and Congress has the right to tax."  Others have properly said, Roberts is simply telling the electorate: "fix the problem at the ballot box if you don't like it.  I'm not fixing it for you.  Its a valid act of Congress to tax in this fashion."
  • I'm not a big fan of precedent.  Worshiping at the alter of precedent would have preserved Plessy v. Ferguson.  That said, its with us in our appellate process whether we like it or not.  This precedent works in our favor, those of us who believe that that Left uses the Commerce Clause to ram ridiculous policy down the throats of the states.  It will be harder to get these types of laws past the Courts in the future.
  • The stakes have now been raised to a new level for the Presidential Race.  I have no reason to believe Mitt Romney will not, as President, make good on (or be forced to make good on) his pledge to repeal PPACA once elected.  But, if Obama wins reelection, the tentacles of this monster will reach quick and deep into our healthcare system in such a way that we'll ALL be on something akin to Medicaid in the future.  Life will become unbearable for those of us who have become accustomed to the health care system we grew up with.  
  • The worse part of the future I describe above?  Another scare weapon for Democrats.  Presidential election, 2032.  "Republicans want to slash healthcare spending!  They want your kids to die in the street!"  "They want to keep you from getting the drugs you need by slashing health care spending!"