Those conservatives who are angry with Chief Justice John Roberts for upholding ObamaCare fail to see that he was able swing the Supreme Court to the right and to make it easier for future Supreme Court justices to apply the proper and constitutional analysis to legal issues that will come before the court.
However, Liberals clearly understand just how significant this ruling is for the conservative movement:
In the term that ended last week, the Supreme Court reached a liberal outcome in cases involving President Obama’s health care law, Arizona’s draconian immigration statute and mandatory life sentences for juveniles. But the conservative majority also laid down a cache of weapons that future courts can use to attack many of the legislative achievements of the New Deal and the Great Society — including labor, environmental, civil rights and consumer protection laws — and to prevent new progressive legislation. Far from being a source of jubilation, the term may come back to haunt liberals....The Roberts court has intensified the effort to reduce federal power. That the individual mandate was upheld should not overshadow the court’s ruling on Medicaid expansion — the part of the ruling that is most likely to affect other legislation in the near future.
For the first time since the New Deal, the court struck down an exercise of Congress’s spending power. It held that Congress lacked the power to deny Medicaid funds to states that refuse to expand their coverage. Chief Justice Roberts — joined by the liberal justices Stephen G. Breyer and Elena Kagan — held that while the government can deny additional Medicaid funds to states that refuse to expand their coverage, it cannot penalize them by rescinding current Medicaid payments.
Legal conservatives have come to the same conclusion once they overcame the initial shock of the decision and actually read the Supreme Court's decision. Virginia Attorney General Ken Cuccinelli has echoed the liberal's fear concerning the implication of Chief Justice Robert's opinion. Famous conservative columnist also acknowledges Robert's contribution to moving the conservative agenda at the Supreme Court.
The only thing that liberals can be happy about is that ObamaCare has been upheld. They don't care how it was upheld so long that it was found to be constitutional. With all the liberals and progressives that I have talked to about this decision, they are not worried that it was upheld as a government tax. The taxes do not bother them because all they wanted to was to keep ObamaCare alive at any cost. The reason why they are not concerned about the fact that ObamaCare has morphed into ObamaCareTax is because they know that once an entitlement program is in place, it is virtually impossible to kill and as a result, the program achieves legislative immortality. Liberals want ObamaCare to be around foreover and they don't care about the source that keeps it alive. They also don't care about the consequences entitlements have on countries that implement them.
In contrast, conservatives wanted this law to be killed immediately. However, Chief Justice John Roberts made the correct, legal and constitutional decision of leaving the responsibility of killing the law in the hands of the American people and its elected representatives.Furthermore, he made it easier for people to repeal Obamacare because by classifying this program as a tax, it becomes budgetary issue that requires 51 votes to get rid of it, not 60. He also provided the American people with the motivation to get rid of this law because there are two things that Americans hate the the most and that is taxes and ObamaCare. By merging the two things Americans hate into one, its a lethal and explosive combination for Obama and the Democrats, especially as Americans go to the ballot box in November. Mike Flynn, writing for Breitbart, points out that the "ruling will probably go down in history as the most effective GOP voter turnout operation ever."
Finally, given that Democrats love enacting new taxes and raising taxes on the American people, Chief Justice John Roberts made it difficult for Congress to raise taxes in the future since all future government programs will be labeled as a tax. Conservatives are justified in their concerns that the courts will defer to Congress in calling government programs a tax and uphold it on those grounds. What these conservatives forget is that given that Americans loathe taxes, Roberts increased the political risks for Congress in passing new government programs. Thus, Congress will be more reluctant to create new government programs for fear of facing their constituent's ire for creating new taxes. That's the theory, at least.
Liberals and progressives fully understand the impact of Chief Justice Robert's decisions while Conservatives are still trying to come to terms with the Supreme Court decision rather looking beyond the holding and looking at the long term implications of the holding. Chief Justice Roberts has moved the conservative agenda on the Supreme Court far down the field and the Left knows it. It will take a while for Conservatives to see that he made the right decision and once they do, they will realize how powerful Chief Justice Robert's decision is for conservatives.
This article was cross-posted from Conservative Samizdat.
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