So, now that the dust has settled a bit, and I’ve had more time to digest the decision handed down by the Supreme Court, here’s my current thought about this.
John Roberts has legislated from the bench in the name of stopping legislating from the bench.
The ACA that came out of the Supreme Court is different than the one that went in. The fundamental legal argument embedded in the law and put forth by the law’s attorneys has been summarily rejected. But instead of throwing the law out based on that fundamental constitutional flaw, Roberts moved heaven and earth to find some way to MAKE the law “constitutional” and in doing so he completely rewrote the legal basis for the law in such a way that the writers of the law are still adamantly denying that legal basis.
Furthermore a key provision of the law, that of holding states hostage through withholding Medicaid funds, has been rewritten as well.
At first I couldn’t decide if Roberts was a genius for this approach or an idiot.
I’m moving more and more towards idiot.
It is hard to avoid the conclusion that John Roberts put concern over the reaction of hyper-partisan liberals to a decision they disliked over actual respect for the constitution itself.
I can only imagine how thoroughly disgusted Scalia and Thomas must be. My biggest fear now is that they will see no reason not to retire after Obama is re-elected.
Because right now the odds of Obama being re-elected have increased by double digit percentages. And for that you can thank John Roberts.