Add this Page to Facebook!   Submit to Twitter   Submit to Reddit   Submit to Stumble Upon   Pin It!   Fark It!   Tell A Friend  
Printer Friendly Page Save As Favorite Save As Favorite View Article Stats
1 comment

OpEdNews Op Eds

John Roberts, unlikely hero of the left wing

By (about the author)     Permalink       (Page 1 of 1 pages)
Related Topic(s): ; ; ; ; ; ; ; ; , Add Tags Add to My Group(s)

View Ratings | Rate It

Headlined to H3 6/30/12
Become a Fan
  (9 fans)

opednews.com

     
Chief Justice John Roberts by AFP Getty Images

    Chief Justice John Roberts

By Bob Gaydos

So, John Roberts, hero of the left wing and savior of Obamacare. Who wuddda thunk it

Actually, the chief justice's law school professor, for one. Laurence Tribe, who taught Roberts as well as President Barack Obama at Harvard Law School, opined on Tuesday, two days before the historic Supreme Court ruling was revealed, that he felt Roberts would vote to uphold the law, as much to reinforce the image of the court as an apolitical neutral umpire as to rule on the law's constitutionality.

In an interview on MSNBC, Tribe said, "I think that the chief justice is likely to be concerned about the place of the court in history and is not likely to want the court to continue to be as deeply and politically divided. Doesn't mean he will depart from his philosophy. You can be deeply conservative and believe the affordable care act is completely consistent with the United States Constitution."

Which is pretty much what Roberts did, siding with the four so-called liberal justices to preserve the major legislative victory of Obama"s presidency. Of course, the airwaves and the blogosphere exploded Thursday as anyone with a law degree and an opinion on the Supreme Court ruling on the Affordable Care Act and a means of transmitting that opinion to a large audience explained why Roberts did what he did. Or, as many Republican politicians did, to call Roberts a traitor to their cause. Safe to say, many of the latter group aren't too concerned with the nuances of judicial restraint and co-equal sharing of power among three branches of government.

I don't have a law degree and I don't belong to any political party, but, without pretending to read Roberts' mind, some things seem obvious in the wake of this ruling:

-- Obama got a huge boost in his re-election campaign, since repealing the health care act as unconstitutional was all Republicans have talked about for months. Case closed. It's constitutional. Spin it any way you want, the president wins this one.

-- Republicans are now going to have to find an actual plan to replace Obama's if they want to continue their argument. House Speaker John Boehner seems not to care about that. All he keeps talking about is repealing the act, which the Senate will never do. Plus, with so many provisions in it that Americans like (no refusal for pre-existing conditions, kids on parents" plan until age 26), that will not be easy for any Congress.

-- Mitt Romney, who actually has talked about replacing the health care act after he repeals it as president, seems to be stuck with offering up his own plan, which he introduced as governor of Massachusetts. That plan, of course, is what Obama's plan and an initial conservative plan, was modeled on. So Romney continues to talk in circles of fog and disingenuousness.

-- Roberts obviously possesses a chief justice's concern for the way his court is viewed. He does not, for example, think justices should be offering strong political views on issues that are not contained in the case on which they are ruling. (Justice Antonin Scalia, who acts as if his life term gives him the right to pontificate and criticize -- as he recently did on Obama's order sparing tens of thousands of young immigrants from deportation -- obviously doesn't get the neutral umpire view.) Roberts both criticized the Obama health plan (an overreaching regulation of commerce by requiring insurance) and ruled on its constitutionality -- it's a legitimate tax, even though Democrats didn't have the guts to call it that.

-- By stressing that the court's role is not to judge the law, but to decide if it can be upheld and, if so, to do so, Roberts demonstrated control of his court and reassured some Americans who have had an increasingly dim view of it since Bush v. Gore. It falls to Congress the power to pass laws, he reminds us, whether they seem wise or not. This is a definition of judicial restraint.

-- Spinning the 5-4 ruling as a conservative victory for the future because Congress is warned off trying to expand use of the commerce clause to regulate behavior and Republicans will be energized to actually replace the Obama health plan with one of their own doesn't come close to the overwhelming victory it gives an incumbent president seeking reelection right now. If I'm a politician, I take that trade anytime.

So, Chief Justice John Roberts, intentionally or not, hero of the left wing.

 

Bob Gaydos is a veteran of 40-plus years in daily newspapers. He began as police reporter with The (Binghamton, N.Y.) Sun-Bulletin, eventually covering government and politics as well as serving as city editor, features editor, sports editor and (more...)
 
Add this Page to Facebook!   Submit to Twitter   Submit to Reddit   Submit to Stumble Upon   Pin It!   Fark It!   Tell A Friend
The views expressed in this article are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.

Writers Guidelines

Contact Author Contact Editor View Authors' Articles

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

Look at me, would you believe 'the picture of health'?

Can we just not call it food?

The new 'breakfast of champions'

The system's rigged; time to revolt

John Roberts, unlikely hero of the left wing

Where have all the honey bees gone?

Comments

The time limit for entering new comments on this article has expired.

This limit can be removed. Our paid membership program is designed to give you many benefits, such as removing this time limit. To learn more, please click here.

Comments: Expand   Shrink   Hide  
1 people are discussing this page, with 1 comments
To view all comments:
Expand Comments
(Or you can set your preferences to show all comments, always)

1.  Both parties claim the decision will help... by goedel on Saturday, Jun 30, 2012 at 8:08:12 PM