This rant will address the recent Supreme Court decisions on Obamacare and gay marriage. But first I want to address the response of some folks to these decisions, including Sen. Ted Cruz, who now want Supreme Court Justices subject to elections. That is one of the worst ideas I’ve heard in a long time, and given the incompetence of our present rulers, that’s saying a lot!
The Supreme Court offers the only real stability in our system. They make decisions and you’ll like some and not like others, and when they are dealing with constitutional issues, their decisions are pretty much the final word. On some occasions the court has overturned earlier decisions, but that doesn’t happen very often. That’s good news!! The last thing this country needs is a bunch of elected judges changing your rights and responsibilities under the constitution and laws every 8 years. That would be utter chaos. We might as well be a banana republic under that system.
[If a Supreme Court decision is interpreting a law, like the Obamacare decision, and you don’t like it, there is already a way to effect a change. Elect people to Congress and a new president who will change the law.]
And, as I indicated in a previous rant, elected judges are politicians not judges. The Founding Fathers were right in having federal judges appointed for life and decreeing that their pay shall not be diminished throughout their tenure. That life appointment gives them the freedom and independence to make unpopular decisions without having to consider what special interest group might oppose them in the next election or if an angry congress would reduce their pay. They are free to do the right thing.
This was not done in a vacuum. The Declaration of Independence specifically sets forth one of the grievances against the King as:
“He has made Judges dependent on his Will alone, for tenure of their offices, and the amount and payment of their salaries.”
Those old farts were pretty insightful. They wanted to protect against just what’s happening now. Issue an unpopular decision and face job loss. Cruz is a very smart man and knows better than to propose what he has suggested. He knows such a thing will never happen, but proposes it anyway, proving he is just another politician who will say anything to get elected. The Supreme Court and all judges need to be above and isolated from mob rule.
Now I’ll address the Obamacare decision allowing subsidies to be paid to people who enroll under federal rather than state exchanges. (The gay marriage decision will be the subject of a separate rant.)
Roberts blew it just like he did with his opinion on the individual mandate.
The kind of linguistic gymnastics he went through to justify his outcome was ridiculous and he knows it which makes his hypocritical dissent in the gay marriage case calling out the majority in that case for doing what he did look even stupider.
Roberts’ decision was straight out of the what the meaning of the word “is” is school of logic. However, Republicans should thank their lucky stars that he did it. Had the court overturned the subsidies, Republicans would have been put in the position of having to save Obamacare or be stuck by the left and the media as the party responsible for costing 6 million people to lose the health insurance. Never mind that the language at issue, as explained by Jonathan Gruber, was specifically and intentionally put in the law which was passed without a single Republican vote.
Given the media bias this is the type of thing that happens all the time and Republicans are all too often willing to step into the trap. As an example, few people know or remember that the whole issue of whether or not Obama was born in the USA and whether or not he is a Muslim was originated by Team Hillary back in 2008, and I suspect it was one of Sid Blumenthal’s dirty tricks given the animosity of Obama toward him. Everybody now thinks it was some conservative plot and some Republicans have taken the bait including the Donald.
Thus thank goodness Roberts blew this decision and the court ruled the way it did on gay marriage because they gave serious Republican contenders a way to stop shooting themselves in the foot on social issues. And if you want a further reason that electing a Republican president will be important in 2016, I have seen a couple of articles indicating the possibility that if Obama gets out the black vote for Hillary and she gets elected, she would put him on the Supreme Court. There is nothing that would be worse for this country than putting the socialist in chief on the court! Although I suspect Obama would much rather go forth and plunder like Bill & Hill did.
Next rants will be on Planned Parenthood and the on Kate Steinle tragedy before I get to gay marriage.