Thursday, June 28, 2012

Children Raising Children

First a quote from one of the better legal analyses of the Supreme Court ACA decision to come out quickly:

Legal Theory Blog: The Decision to Uphold the Mandate as Tax Represents a Gestalt Shift in Constitutional Law: "Today, it became clear that four of the Supreme Court's nine justices reject the academic consensus.  As Justice Kennedy states in his dissent joined by Scalia, Thomas, and Alito:

"In our view, the entire Act before us is invalid in its entirety."

The alternative gestalt is no longer an outlier, a theory endorsed by a few eccentric professors and one odd justice of the Supreme Court.  And because Justice Roberts believes that the mandate is not a valid exercise of the commerce clause (but is valid if interpreted as a tax), he has left open the possibility that there is a fifth justice who endorses the alternative gestalt.

We are only minutes into a long process of digesting the Health Care Decision.  But in my opinion, one thing is clear.  Things are now "up for grabs" in a way that no one anticipated when the saga of the constitutional challenge to the Affordable Care Act began."
This is definitely a RTWT especially to enlighten people of a conservative bent how far un-tethered today's courts are from conservative's "quaint" notions that the Constitution still "exists".

What's most interesting though from a practical political standpoint is that O Duce will now have to campaign against Ruth Bader Ginsberg as being a radical right-wing racist for calling ACA a tax!

I have no doubt that his sycophants will fall in line but maybe a few of the sheep wandering on the edge of the herd will look up with a start before they take their next scheduled soma and go back to grazing contentedly ... until the pasture finally goes bare.

But why "Children Raising Children" you ask? Because it's pretty clear from this that the Supreme majority think they're being geniuses compared to the politicians with this one -- when in fact it's more like a dull 6th grader trying to parent a pre-schooler.

It won't turn out well.