Pointless speculation on ACA and the US Supreme Court

Will John Roberts Crush Obamacare The Second Time Around? – http://huff.to/1rzrTuv

The whole point of a Supreme Court is to settle national controversies.

In the past few years Roberts and Scalia and Kennedy have variously come through with victories for gay rights and upheld Obama’s environmental legislation, and his ACA, from which some shrill commentators have concluded…that they are only there to further a right wing agenda.

Sometimes their leanings affect their objectivity, but that is true of the other side as well.

The effects of Citizen’s United are troubling but the Supreme Court is not there to right all the wrongs of society, it’s there to implement the law as it is.

Especially those concerned with the conservative bent of the court should actually prefer it that way.

The last thing we need is the court becoming nine robed, unelected emperors for life that could ignore the law and do whatever they see fit.

So criticisms that laws they uphold have undesirable effects, are off point.

Sometimes they will make mistakes too.  Kennedy is the best judge on the court but the route he chose to support gay rights in that decision was dangerous because the same reasoning could be used to shut down any law that the court considered generically unjust. 

You can’t just look at the immediate effect of a decision to decide if it is a good decision, that’s often irrelevant.

On the decision to take on the latest ACA challenge, it’s the right wing that should be panicking. 

Why take on an obviously frivolous appeal? 

To send a message.  The decisions they have made do not mean they are on somebody’s “side”. 

People pursuing ridiculous litigation on the basis that they expect to be bailed out at the Supreme Court level aren’t giving the conservative judges a complement, they are smearing their integrity.

Courts hate frivolous litigation.  So if the Supreme Court takes on a frivolous case it probably means somebody is getting taken out back to the wood shed for a whooping, it’s not to encourage it.


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