Since the Supreme Court decision was handed down last Thursday, Republicans, conservatives and other critics of the new health care law have been falling all over themselves in an attempt to find positives. Their attempts are genuine and notable but moot at the same time. Some argue that Chief Justice John Roberts “fell on his sword” so to speak; ruling in favor of the legislation’s constitutionality under the tax code and therefore sticking it to Obama and the Democrats who have railed all along that the individual mandate was not a tax. Others have pointed to the effect the ruling has had and will continue to have on the conservative grassroots. For those feeling un-energetic about the Romney campaign, this should light a reasonable sized fire under them. The “glass-is-half-full” mentality is admirable, but it’s important that we understand where this ruling puts us – politics aside.
The Constitution has taken it on the chin yet again and this time courtesy of a so-called conservative Supreme Court justice and Bush appointee, no less. Even if Romney becomes president, the Republicans gain a super-majority in Congress, and the legislation is repealed, a troubling precedent has been set. The Supreme Court effectively opened a whole new can of worms with its ruling. There is no longer a limit to what can be taxed; including human activity itself. Since virtually every action taken by an individual on a daily basis affects his or her healthcare, the federal government has now been given an excuse to regulate and tax just about everything that they don’t already.
If this legislation is not repealed, Americans will be forced into purchasing a service they may not necessarily want. Purchasing car insurance or paying a gas tax is not in any way similar because driving a car is not compulsory. There is no law requiring you to purchase and/or operate a motor vehicle. If I don’t want to pay taxes on gas or pay for car insurance, I will simply refuse to drive a car. Such comparisons made by pundits, Obama, and even John Roberts himself, are asinine.
Don’t misunderstand. All is not lost. But we are now firmly jammed into a pickle that we never had to get near. Adding further to our aggravation is the fact that John Roberts simply had to side with four other justices who ultimately dissented – Antonin Scalia, Clarence Thomas, Samuel Alito, and the “moderate to liberal” Anthony Kennedy. Yes you read that correctly. Even Anthony Kennedy, who is by no means Mr. Conservative, was of the opinion that the entire law should be scrapped. One vote pulled Obama Care away from the precipice. One vote saved it from the final death nail. A supposed originalist betrayed the Constitution and sided with the progressives; whatever his motives might have been. John Roberts put his legacy and personal reputation before the Constitution and the country. Liberals are heralding his actions. Legitimacy, they say, has finally been restored to the Court.
There was nothing legitimate about this disgraceful decision.
Progressives have been awarded a “get-out-of-jail-free card” for all future cases. Activist judges at every level of the judiciary will point to this case as the clarion call for further statism packaged and delivered to the American people in the name of equality, compassion and social justice. Want to get rid of cigars, pizza and ice cream? Want to make the purchase of broccoli, kale, and sprouts mandatory? No problem for the left-wing activist posing as a judge. Just point to case law. National Federation of Independent Business v. Sebelius, to be exact.