Friday, June 26, 2015


The Supreme Court's ruling upholding the Affordable Care Act is perfect. I refer to Republican presidential hopefuls, all of whom went into full programmed outrage mode, written no doubt before the decision was even handed down. Others have said, but it's worth repeating: surely it's exactly what they hoped for. Now they can rail and rant, continue their false claims of a socialist government takeover, etc ad nauseum without being called to account. Not needing to produce alternatives -- for now, anyway -- they can simply fan the flames of misinformation, misunderstanding, and misguided resentment and, as they see it, ride them to victory.

Good call, Mr Justice Roberts. It's a win-win. Your guys are off the hook, millions of Americans retain access to health insurance.

My dad, a lifelong Democrat, an Oregon state supreme court justice and, later, chief judge of the court of appeals, told me a few times that he admired Antonin "not pretending anymore" Scalia as a brilliant jurist. One of the things I miss most since Dad died is the talks we'd have about the law and about politics. I always found his opinions insightful and profound. I'd love to know if he'd still hold Scalia in esteem. I'm pretty sure not. His dissent in the Burwell case, while entertaining, is partisan and bitter (failed) activism, very loosely wrapped in faux legalese (sez I, not a lawyer) and that's the way he's been for a long time.

[Added: here's a better analysis than mine.]

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1 comment:

Professor Chaos said...

Scalia has no business being a judge. He begins with the conclusion he wants to reach, then tries to come up with a legal justification for that conclusion.

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