Friday, August 22, 2014 05:54

Posts Tagged ‘Supreme Court’

Yet another further, different ObamaCare SCOTUS post

Monday, July 2nd, 2012

- Wiccapundit

Having now read more teeth-gnashing opinions from conservative pundits on how the Right really got its clock cleaned with the Sebelius decision, I have a few additional thoughts.

First, the idea that Chief Justice Roberts ruled as he did in order to curry favor with Left-leaning opinion-makers and the Georgetown cocktail party set seems really feeble.  If Roberts was truly a “stealth” liberal, why did he rule the way he did in Citizens United?  The Left’s equivalent of Roe v. Wade would have seemed to be a worthy candidate for a decision to obtain for Roberts the approbation of the Left.   Why did he wait until now to reveal his colors?  Anyone espousing this view needs to provide more support for it than simply claiming that Roberts is a “traitor.”

Second, if this is decision such a disaster for the Right and such a huge win for the Left, why were the liberals on the Court -  particularly Ginsburg – so peeved by the decision?  They issued a concurring opinion roundly criticizing the Chief Justice’s reasoning, but nonetheless had to swallow their distaste and sign on to Roberts’ opinion in order to obtain the result they so clearly desired – the upholding of the ACA.

What this appears to me is a fixation among conservatives with the outcome at the expense of the reasoning.  Roe v. Wade is roundly (and rightly) criticized for slipshod legal reasoning in Justice Blackmun’s opinion.  If the result of the case – overturning states’ abortion laws – had been done by an act of Congress, conservatives would still be unhappy, but not as unhappy has having a specious “right” created out of thin air where none exists under the Constitution.  It is more important in my opinion to focus on how the Court reached its result, rather than simply foam at the mouth about how bad the result was.  Really, does any conservative want to be seen as the same kind of mewling, whiny, punk-ass bitch as the Wisconsin Weeping Boy? (“This was the end of democracy. [sniff] The end of the USA as we know it just happened. [sniff]“).  To those on the Right, I say: MAN UP!

Here, conservatives are unhappy that ObamaCare has been ruled constitutional and direct their ire at the Court for allowing it to stand.  Forget that it took one vote – Republican Olympia Snowe’s – to send the bill out of Senate committee to a vote.  Forget that it took arm-twisting and bribes by the President to get it passed by the Senate, which Republicans were unable to prevent.  Forget that it took parliamentary shenanagins to get the monstrosity passed by both houses of Congress.  Conservatives failed politically, and were looking to the Supremes to save them – never a safe bet (See, e.g., McConnell v. FEC, the Supreme Court decision that initially upheld the McCain-Feingold assault on free speech.  George W. Bush signed that POS law assuming that the Supremes would overrule it, thus allowing him to appear to be for it when he was really against it.  Well played, W. /s).

Fix the problem with the ballot box.

Kwitcherbellyakin.

(For a more thoughtful analysis in concert with my view, read this: The Chief Justice Done Good.)

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Be careful what you ask for, Lefties

Thursday, June 28th, 2012

- Wiccapundit

Not much to say about the ObamaCare decision.   It is what it is.

Here’s what I think.  Leftists will come to regret this decision, when the inevitable Republican administration with a Republican Congress decides to gore one of Liberalism’s oxes.  Say, abortion or gun control.

1. Congress passes a law requiring that before obtaining an abortion, you MUST get counseling on alternative options and sit through lengthy video presentations of what happens during an abortion.   Don’t want to do it?  OK, just pay the substantial tax Congress imposed, like the ObamaCare decision says Congress can require you to do.

2. Congress passes a law (like the one in Kennesaw, Georgia from 1982) requiring all citizens to purchase a firearm and ammunition, in order to increase public security and reduce crime.  Don’t want to do it?  OK, just pay the substantial penalty – er, tax – which Congress thoughtfully set at $10,000.

I think Barack Obama will come to regret this decision as a Pyrrhic victory.  In the end, he will be voted out of office, ObamaCare will be repealed, and the Supreme Court decision upholding it will be relegated to a dusty footnote of interest only to law students suffering through Constitutional Law class.

Careful what you wish, you may regret it

Careful what you wish, you just might get it

- Metallica

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Being There.

Wednesday, April 4th, 2012

- Wiccapundit

One theory floating around is that Obama has never released his college and law school transcripts because they would show that he applied as (and received student aid as) a foreign student.  That would be, ahem, decidedly inconvenient, if true.  I now believe that the explanation is much, much simpler:

Obama was a shitty student whose grades sucked nine kinds of ass, and who was given a pass throughout his school career because no one wanted to be called a racist for exposing his pathetic academic performance.

How else to explain the utter failure of Mr.ConstitutionalLawProfessor™ to understand the central holding of Marbury v. Madison, the 1803 Supreme Court case that established the principle of judicial review of Congressional actions for constitutionality?  Maybe he skipped con law class that day to blaze up a doob.  Didn’t he supposedly teach a constitutional law seminar at a highly reputable university?  His preemptive claim that the Supreme Court should not strike down ObamaCare because it would be “unprecendented?”

You keep using that word.  I do not think it means what you think it means.

Now, a panel of judges of the Fifth Circuit U.S. Court of Appeals has handed the Administration a smackdown, ordering the lawyers in yet another case challenging ObamaCare to write a three-page, single-spaced letter explaining to the Court whether the Administration actually believes that the Federal Courts do not have said power.  This is like being given a detention assignment to write an essay on “why I will not act up in class.”

It’s all clear to me now.  Obama is Chauncey Gardner, only not as guileless.  Art truly imitates life.

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