Friday, March 6, 2015

Roberts Won't Save Obamacare This Time

Back in 2012 liberals were delighted and conservatives were horrified when Chief Justice Roberts turned out to be the swing vote to put the Patient Protection and Affordable Care Act over the top.

But I understood what the chief justice was doing. He understood that the Supreme Court could not obliterate the Obama administration's signature legislative act of 2010. Not in 2012. It would have opened a hornet's nest if it did.

So I wrote that "Roberts hands a poisoned chalice to the president."
Chief Justice Roberts did his level best "nudge" the voters.  First of all, he ruled that ObamaCare is constitutional because it is really a tax...  Secondly, Roberts ruled that the federal government cannot penalize states that don't accept expanded Medicaid.
But now President Obama is a lame duck. Now the Congress is Republican. Now Obamacare is a confirmed failure. Now the American people have been shown "good and hard" that Obamacare doesn't protect them and doesn't make health care affordable.

Now Chief Justice Roberts can bury the knife in Obamacare. Now Roberts can write something akin to his wry comment in Parents Involved in Community Schools vs. Seattle School District:
T]he way “to achieve a system of determining admission to the public schools on a nonracial basis,” Brown II, 349 U. S., at 300-301, is to stop assigning students on a racial basis. The way to stop discrimination on the basis of race is to stop discriminating on the basis of race. 
This time, he could say something like: "The way to protect patients is to allow patients to buy health insurance plans that protect them. They way to affordable care is to allow Americans to buy affordable health insurance plans."

Back in 2012 every partisan liberal and every Democratic operative with a byline was enrolled in the Obama army and would do anything to help the president's reelection.

But today the liberals and the MSM are divided in their own minds. Should they defend Obama? Or support Hillary Clinton? Should they defend Obamacare to the last man or should they help the ordinary middle class as Obama's "middle class economics" pretends to do.

The fact is that today Democrats are on the defensive; the fact is that today the Democrats have a huge corruption issue growing every day; the fact is that today the American people are restive and are starting to think it is Time for a Change.

The fact is that all the portents are favorable for Chief Justice Roberts to rule that the IRS does not have the power to change the plain meaning of the text of a federal law. Because justice.

The fact is that Americans of all kinds are starting to wonder about John Adams' 1780 catchphrase: "a government of laws not of men," and they don't like what they see.

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