Saturday, January 10, 2015

SUPREME COURT SHOULDN’T IGNORE CONSTITUTION TO SAVE OBAMACARE


link - David Harsanyi/Human Events

...And while pretending that the legal challenge is laughably weak — a politically motivated charade that has absolutely no chance of success — most left-wing pundits who’ve weighed in on the matter feel oddly compelled to urge SCOTUS to contemplate a whole host of factors that have nothing to do with the law....

Most bothersome, though, is the fact that the left doesn’t even bother pretending that the Constitution is more important than acts of progressive righteousness. We see it with left-wing groups openly pushing for more executive actions that directly circumvent legislative process. We see it with King v. Burwell, as well. Chief Justice John Roberts will have blood on his hands if he undermines progress; never mind the case. That this is the sort of reasoning that “may figure heavily in the government’s strategy for winning the case” is a depressing commentary on the administration’s contempt for the court.

We’ve reached a point where liberals argue not only that empathy (well, selective empathy, as you might imagine) should play a leading role in legal decisions but also that the court should avoid disrupting any laws that are driven by progressive notions of compassion. You know, because of the “consequences.” And seeing as progressives treat all their reforms as consecrated acts of charity, this would create a rather convenient legal environment for them.

But of course, they don’t really want justices to use their own moral discretion. What if, for instance, the majority of justices believed that it is Obamacare that is the most disruptive force in the country today? What if they believed ridding America of the ACA would benefit most Americans? If the justices defused Obamacare, think of all the disrupting taxes and regulations they would be saving citizens from. What if justices reasoned that killing Obamacare would be the most compassionate thing to do? Would the left still argue that they should worry about consequences — or would their position become “political”?

Incidentally, where were all these concerns about disruptions and consequences when a fleeting majority unilaterally stuffed a major reform down the throats of all Americans?