Saturday, June 30, 2012

Decision on Health Care is a Victory for the President and for the Integrity of the Supreme Court


The Landmark Decision by the Supreme Court that Obama "Affordable Health Care" plan is Constitutional by a 5 -4-split vote. Chief Justice Roberts sided with the four so-called liberal members of the panel. Many see the decision as a Victory for President Obama. My initial reaction in hearing the news of the decision was to imagine the reactions of those who opposed the law. I posted on face book the following.
It has been reported that upon hearing of the Supreme Court decision, House Speaker John Boehner, his eyes welled with tears called for a recess in the House. He invited top leaders of the GOP to join him in the Rotunda for a "crying session."

In an unconfirmed report coming from Romney campaign indicates the candidate is huddling with "spin artist" Karl Rove to issue a press release shortly. Insiders say the Mitt seemed relieved of the decision to uphold mandatory coverage. It is anticipated that Romney will now "flip" on the issue for the remainder of the campaign. He has told staff "Affordable Health Care is HIS Idea in the first place.
It is rumored that as Chief Justice Roberts read the decision Associate Justices Ginsberg and Sotomayer were seen feeding crue de’tet with a predominance of broccoli to Judge Scalia.

Obviously, the above comments are a tongue in cheek as one way to poke some fun at the Republican hierarchy.   Chief Justice John Roberts read his decision before the Court making the case for the plaintiffs that the (Health Reform or Obama Care) law to mandate every citizen to purchase health insurance if interpreted as it applies to the Department of Commerce is in violation of our Constitution. This portion of the Court’s decision came forth with little surprise. However, Chief Justice Roberts went on to read the majority decision that the Law is valid when considered a “Tax” enacted by Congress on those citizens who refused to purchase insurance. This stunning alternative in making the decision seemingly out of left field as not even the attorneys in defense of the mandate referred to the Law as an alternative tax.
In addition, what is equally shocking is that it was the Chief Justice that for the first time in his tenure on the court he sided with a liberal view. If there was to be, any Associate Justice to side with the liberals it was expected to Justice Kennedy who is often the swing vote in a 5-4 or split decision. One can only imagine what is now going through the mind of Justice Anthony Scalia who woefully used the metaphor of forcing citizen to purchase insurance is like mandating everyone eat broccoli. He no doubt had nothing but a scathing view of the Chief Justice if perhaps we could hear any post decision discussion between he and Judge Clarence Thomas. There are a number of Republican and Tea Party leaders who will hold the Chief Justice to blame and not forgotten.

“What is next? The Federal Government cannot mandate me to eat broccoli.”


However, this is a moment where the Supreme Court began self-redemption, restore faith as an institution and integrity in the eyes of America. The Court has been suspect in its integrity since the 2000 decision regarding the election voting that placed George W. Bush in the White House and Al Gore the majority winner packing his bags to explore global warming. More recently the Court came forth with a decision that seems legislate the law in finding on behalf of huge Corporations in that their Election contributions could not be limited. Corporations are deemed individuals and not held to boundaries in buying votes in Federal Elections.
 Where the victory or redemption of the Court is to be found is that Chief Justice John Roberts bravely took an individual stand in the face of partisan politics in reviewing all aspects and points of this law and making his interpretation in favor of the majority of Americans. He did not belittle the law as written as weak or as the best solution to a deepening health care crisis. What he succeeded in doing is to restore the faith in the Court that in the long run, with a vision for what is Fair and Equal by placing his reputation and legacy on the side of simple common sense.
Justice Roberts deserves a salute by the American People, as this may be the legacy that will endure long after he leaves the bench.