Thursday, June 28, 2012

John Roberts

Comment on ObamaCare Decision Means Feds Will Continue to Cull Gun Owner Information

It was started in the Senate. Taxes have to start in the house. Just a faint glimmer.

I had forgotten about this and have seen no mention of such for quite awhile.

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Via Carl

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.

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.

More @ Red State

2 comments:

  1. Roberts is probably smart enough to know he needed to kick the can down the road on this. The only ones willing to use violence to advance their agenda (so far, anyway) has been the Progressives.

    Unions, OWS, and rioting welfare drones have instigated violence when they don't get their way, or are afraid of not getting it, so making this political while allowing the Left to think they won this round serves him well. I could believe he feared an even worse response to tossing out Obamacare than happened when the cops were cleared in the Rodney King affair.

    The thought that this will help Romney is wishful thinking IMHO, though. I believe Obama and his handlers already have a mechanism in place to call the election in his favor no matter how the country votes. Sure hope I am FOS on this, but I don't think I am.

    I would add that it might be possible to call the whole judgment into question by forcing the issue on Kagan's absolute requirement to recuse herself, but I think the window closed on that opportunity a while back.

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  2. Great post and heartily agree.

    forcing the issue on Kagan's absolute requirement to recuse herself

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