As the chances for repealing Obamacare recede – with the states beginning to set up the Obamacare “health exchanges” and the putative leader of the Republicans, Speaker John Boehner calling the nationalization of health care the “law of the land” – I think it’s time to pay homage to the spineless jurisprudence of the man who allowed all this to happen, Chief Justice John Roberts.
Roberts did this, I believe, because he was tired of weeping late at night at the thought of President Obama and the Democrats villainizing his precious Supreme Court in the manner they do all their perceived enemies.
I think Obama intimidated the apparently fragile Mr. Roberts with his April 2 appearance in the Rose Garden – after the Court had heard the arguments but before a decision had been reached.
Ultimately, I’m confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.
Obama probably knew that Roberts had not yet decided, perhaps informed via Justice Elena Kagan, the former solicitor general who is close to many people in the White House. And he knew of Roberts’ precious regard for the Court.
This was accompanied by a drumbeat of Obama allies popping up on TV to suggest that the Supreme Court would enlist itself in the Vast Right Wing Conspiracy if it dared depose Obamacare.
And lo and behold, Roberts actually changed his original opinion, in which he had sided with the Court’s conservatives to strike down the law, deciding to rewrite the measure in his own brain and consider the Obamacare’s penalty for non-compliance a tax.
Congress was explicit that the enforcement measure was a penalty, which even Roberts knew would be unconstitutional because it would amount to compelling commerce by forcing you to buy something.
But Congress has a clear right to tax. And so Roberts pretended it was a tax, and gave us Obamacare.
And now Roberts won’t have to defend the Court, and he can eat out at Washington restaurants without having other elite Washingtonians give him a look like he’s just another savage, dull-brained conservative.
And so, in honor of the Chief Justice, White House Dossier asks that – at least during the holiday season of thanks – we call the Socialization and eventual ruin of the nation’s health care system JohnRobertsCare.