Saturday, June 30, 2012
The Supreme Court is Now John Roberts' Court
Chief Justice John Roberts has officially grabbed hold of a court that was teetering by the weight of a Congress and a President that believes they control everything in Washington D.C. The health care ruling is probably the defining moment for John Roberts and the Supreme Court despite the anger that is coming from the conservative movement that thought Roberts would be their biggest ally.
What they are failing to miss is exactly what Roberts did by siding with the liberal's on the court.
1. He reigned in congressional power forever and wrote the opinion that in a way that will uphold it.
2. Exposed the tax elements (easier to fix)
3. Insulated the states from the heavy hand of the federal government
4. And finally, gave the true power back to the voter to finish what the court started.
Ever since the Bush v. Gore decision back in 2000 the Supreme Court has been thought of as a worthless branch of government behind the other two. The court itself probably has the most important duty to this country when it comes to judging the law and holding the politicians accountable for their actions that might violate the Constitution.
John Roberts brought back the ability of the court to play both sides of the isle while bringing a sense of stability to the court itself. He is now in control of how the court proceeds and that can be a good thing no matter who is in the White House or who controls the Congress.
What people are failing to miss about Roberts at the moment, because their minds are clouded by the recent decision, is his belief in restraining the power of the federal government. This was known when he was being confirmed by the Senate when Bush nominated him, and it is still known in a lot of the decisions he has written in his tenure as Chief Justice. The health care case is no different.
Yes he didn't overturn the individual mandate, but rather said it is a tax that must now be defended by the Congress. He is not going to overreach with power and just wipe out a law because he might disagree with it, but he will use the Constitution to push people into corners and make them explain themselves. This is what is happening right now with the Democrats and the White House. They are stuck trying to say why the mandate is not a tax, but the court has decided and now it is going to cause a lot of problems for Obama and the Democrats come November.