Wednesday, July 4, 2012
Nothing in politics is coincidence...if it is, they simply re-define a "coincidence" to become the result of a behind-the-scenes strategy. The Supreme Court is Constitutionally-designed to be a strictly apolitical branch of the government. Justices are appointed for LIFE, so that their popularity and re-election are not factors in their judicial decisions.
For whatever reason, four of the justices are always expected to vote one way on any given decision and five justices are expected to vote the opposite way. In this particular case, the "prevailing" winds were blowing against Obamacare's UNPRECEDENTED POWER GRAB by the Federal Government. All the political pundits, the talking faces on the news networks, all the inside-the-Beltway "experts" and pretty much any American who has paid ANY attention to this matter at all were expecting Obamacare to be shot down by a 5-4 vote.
So what happened? It's anybody's guess at this point, but a careful analysis of the facts at hand would indicate that something is very, very wrong with this decision. Every one of the "experts" believed that Justice Kennedy was the swing vote, but the evidence provided via unprecedented press "leaks" indicate that he was firmly against this law from the outset. These "leaks" indicate that Chief Justice Roberts changed his vote at the last minute by indicating that while Congress can't force citizens INTO commerce, it can tax them for not engaging in it.
So why would a staunchly conservative Chief Justice cross the aisle on an UNPRECEDENTED POWER GRAB by the Federal Government? A simple application of Occam's Razor (the explanation with the fewest assumptions is generally the correct one) comes up with one conclusion...he was THREATENED.
Justice Kagan, an Obama appointee, argued for Obamacare as his Solicitor General, and had represented his interests in several lawsuits concerning his eligibility for the highest office. She was his "insider" into the machinations of the Court's deliberations on this matter, and probably reported to him directly on a daily basis as to the status of the deliberations. Of the 2 Dubya appointees to the Supreme Court, Roberts was the easy choice to target in keeping with the "Blame Bush" mentality...he is the younger than Alito, he is the Chief Justice, and he is a DC Circuit Appellate Judge (Alito came from outside the Beltway, the 3rd Circuit).
Justice Roberts is sending us a message...by ruling on this as a taxation, and not an act of commerce, it can de defeated by a simple majority (50+1) in the Senate instead of a 60-vote supermajority. In addition, it can also be defunded by Congressional majorities in the House and Senate, or repealed by a new President.
"It is easier to fool someone than to convince them that they have been fooled." - Mark Twain