Tag Archives: SCOTUS
Oh my, is there ever lots of gnashing of teeth going on over the Supreme Court decision to uphold the Affordable Care Act. There is a lot of name calling, too. After all, someone must be to blame for this horrible act.
Is it Chief Justice Roberts? He is the conservative who voted with the liberal side of the court tilting the balance to the left. He could have used his vote to end the entire matter of Obamacare once and for all. He did not. Roberts: guilty!
Then there is the grand perpetrator himself, President Obama. Wasn’t this his idea to begin with? He spent his first 14 months in office cramming this package down our throats. We did not want it and he would not listen to our clamor. Obama: guilty!
What about former Speaker of the House Nancy Pelosi? Was there ever a bigger cheerleader for this monstrosity of legislation than her? Remember how she told us that we would have to pass the bill first so that we could find out what’s in it? Well, we certainly know now. Pelosi: guilty!
How about Senate Majority Leader Harry Reid? Remember how he would not even let the bill go through a conference process? That effectively neutered the role of newly elected Senator Scott Brown from weighing in as the 41st vote. Reed: guilty!
No conversation about blame for any unfortunate outcome of the Obama Administration would be complete without the mention of former President George W. Bush. Surely there is some sort of blood on his hands. Nonsense, you say? Let’s look at some facts.
While George Bush was eking out the 2000 elections with the thinnest of electoral margins, the House and Senate were under slight Republican control. In the painful wake of the 9/11 attacks, the 2002 midterms improved the Republican House margin by 8 seats. By 2004 we were involved in two wars. Bush carried 31 States and the Republicans expanded control of the House by 3 more seats and the Senate by 4. Bush now enjoyed some comfortable legislative margins on top of his reelection. But the years between 2004 and 2006 were not kind to Republicans. The wars lingered and casualties mounted. Deficit spending was increasing. Government expansion surpassed that of his Democratic predecessors.
The mid-term elections of 2006 swung the House decisively into Democrat hands as they picked up 31 seats. The Senate lurched into effective Democratic control by a slim majority. Bush: guilty!
The rise of hope and change took America by storm in 2008 and led to a clean Democrat sweep into power by very effective margins in both chambers of Congress. The Republicans lost 20 seats in the House and 7 seats in the Senate.
Emboldened by raw power and a perceived mandate of the people for change, the Reed-Pelosi juggernaut got moving and it did not stop until the final, cowardly vote was taken to pass the Affordable Care Act by the very slimmest of margins without a single Republican vote. Not a single Republican vote.
Where had all of the Republicans gone? They were voted out and almost into extinction. Heretofore, legislation of this magnitude always involved a bipartisan compromise. But there was no need to compromise with the minority party so long as there were enough votes to pass. The Republicans were hoisted on their own petard as our Constitutional Republic spoke.
Ironically, the dastardly doings of the Obama-Reed-Pelosi triumvirate would be their undoing come the 2010 elections when Republicans erased Democrat gains of the past decade and captured 63 seats in the House and 5 seats in the Senate to regain at least a single toehold in the Legislative Branch. Slowly but surely the Affordable Care Act worked its way through the Judicial Branch. Everyone who pined for appeal saw the Supreme Court as the cavalry raising a cloud of dust in the distance. It turned out that they were wearing a different uniform.
So who is to blame? Is it John Roberts or Harry Reed? Is it Barack Obama or George Bush?
I’ll give you my opinion: it is all of us Americans, that’s who. We either cast a ballot for every one of those officials who voted for or against a bill or for or against an appointment or we did not. We either paid attention to the issues at hand or we did not. We either got active, informed, passionate and involved or we did not. We let the reins of government slip through our fingers such that the majorities in the House and Senate got so lopsided that there was no counterbalance to the myopia that seized the Presidency and Congress. We looked to the Supreme Court to bail us out and it did not do so. Americans: guilty!
Perhaps “Pogo” cartoonist Walt Kelly summed it up best in a 1970 strip when he said, “We have met the enemy and he is us.” Indeed he is correct. This battle is now in our hands. The Supreme Court has spoken. We did not like what we heard. The President has spoken. We did not like what he said. Congress has spoken. We did not like their arrogance.
Nothing will change until we re-engage in the political process and drum out of Washington those career politicians who are corrupted by their own avarice and intoxicated by their own saliva. Walt Kelly also said this, “Don’t take life so serious, son. It ain’t nohow permanent.” Neither is Obamacare.
In our nation’s history, there have been numerous defining moments. They are times characterized by incredible amounts of courage and foresight, principle and action. The root of all defining moments for these United States of America took place on July 4, 1776, in Congress assembled, when the founders signed a declaration with the most empowering words the world had ever, and still has ever, known.
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.”
Thirteen years later, many of these same founders developed a constitution that precisely delineated how this government was to derive those powers from the governed. They created three distinct branches of government to provide the checks and balances necessary to dampen any intemperate actions of the executive and legislative branches. They did so by applying the scrutiny of the judiciary through a laborious process that ultimately rests with the Supreme Court of the United States.
And so our country now finds itself at a defining moment in its history. We have concluded the oral argument phase regarding the Constitutionality of several provisions of the Patient Protection and Affordable Care Act. What is at stake here reaches far beyond a debate about health care or medical treatment. It is not a disagreement between the rich and poor in America. It is not about where our morality lies.
What is at stake here is a single word: Liberty. Can our government compel its citizens to do something against their will under penalty of tax? The Declaration of Independence lists no fewer than 27 grievances against the British Crown, including this one, “For imposing taxes on us without our consent.”
It is thought that the Supreme Court of the United States will announce their decision shortly before their summer break in July, almost 236 years to the day the Declaration of Independence was signed that first codified the concept of consent of the governed. It was the first time in history that the rights of the governed limited the acts of government.
Liberty is indeed at stake in this debate. Also at stake is the integrity of the Supreme Court. To the untrained ear, the passion and persuasion of the legal and Constitutional arguments among the protagonists is nothing short of breathtaking. It is a showcase of our Republic. I am certain the whole world is watching but we citizens of America, we descendents of these brave founders, must admire the process that has taken this bitter and hotly contested legislation to a point of resolution.
So what will the Supreme Court decide? I do not know with certainty. I have no crystal ball. But I do have a feeling that despite ideological and political proclivities, despite hull crushing pressure from constituencies across this country, despite the unrelenting media spotlight that will descend upon this Supreme Court, justice will prevail.
I believe the decision will surprise any who think that Presidential appointments anneal a Justice to the party of the appointing President. The line of questioning has been balanced and encouraging to me; so much so, in fact, that I do not foresee a 5-4 decision of an ideologically split court. While I have my own opinion of the outcome I am no Constitutional scholar. We leave that to these professionals, these 9 Justices of the Supreme Court of the United States, to determine. I believe they have a sense of the gravity of the moment as well. I believe they see the obvious conflict between the power of the government and the necessary consent of the governed.
Said Thomas Paine in December of 1776:
These are the times that try men’s souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands by it now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph. What we obtain too cheap, we esteem too lightly: it is dearness only that gives every thing its value.
In three months we shall learn the outcome of two years of litigation, frustration and intimidation. We shall learn whether we will emerge from this chapter in our history with a renewed sense of liberty or a heightened sense of despair.
The ball is in their court: the Supreme Court. And I have faith in them.