Chief Justice Roberts Affordable Care Act (ACA) decision: Winning Battle – Losing the War?

Posted on July 1, 2012 by Andy Hailey

Based on comments made by Thom Hartmann last week, Roberts has handed the extreme right another rallying cause. Just like Roe v Wade, this decision will be used for decades to rally the right-wing authoritarian base. It will inspire ALEC to write laws that will undermine Obamacare a little at a time as they have done with abortion.

This court has not regained my trust and confidence with this one decision. There are still four justices that want to take us back to at least 1950.

 

 

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About Andy Hailey

Vietnam Vet, UT El Paso Grad, Retired Aerospace Engineer, former union rep, 60's Republican now progressive, web admin, blogger.

2 Responses to Chief Justice Roberts Affordable Care Act (ACA) decision: Winning Battle – Losing the War?

  1. Andy Hailey says:
    July 9, 2012 at 9:58 PM

    Beware Conservative Metaphors:

    Latest from George Lakoff:

    We are as happy as other Democrats that the Affordable Care Act has mostly been declared constitutional. But we caution Democrats throughout the country to keep an eye out for conservative uses of the two metaphors that played the central role in the latest Supreme Court rulings — and for ways to keep them from being extended to impose conservative beliefs and doctrines.

    The Interstate Commerce Clause governs the buying and selling of products and the government cannot force anyone … to buy a product (real or metaphorical).

    A fee or payment imposed by the government is a tax.

  2. Andy Hailey says:
    July 9, 2012 at 9:51 PM

    Ruling May Harm Past Civil Rights Legislation?

    Here’s another article about SCOTUS’ decision on ACA – DEMs may have won this battle, but in the long-term, right-wing, authoritarian war on our democracy is there a win in it for them?

    It is possible that in this majority decision Roberts has set the predicate to limit Congress’ power over state action under the Commerce Clause in future decisions.

    For example, the Civil Rights Act of 1964 was passed by Congress based upon the Commerce Clause.

    Could it be that by rejecting the Obama administration’s assertions under the Commerce Clause that Roberts is paving the way for upcoming conservative challenges to established civil rights legislation?

    We’ve already seen, in Citizens United, that this court is an activist court.   Are we too distracted by Citizens United and this ‘win’ to stop and think more thoroughly about this ACA decision and its long-term implications?   Maybe both are an equal threat to our democracy in the long run?