Chief Justice John Roberts Upholds the Affordable Care Act : The New Yorker

Chief Justice John Roberts Upholds the Affordable Care Act : The New Yorker.

I’ve been impressed by the sheer quantity of adulation poured on Roberts’ head for his ACA decision by self-proclaimed liberals: people who should know better. I was amazed because Roberts’ seemingly reluctant decision did on the face of it quite a lot of damage. Yes, it upheld the Affordable Care Act (aka Obamacare) but it did so by gutting the accepted and fairly unquestioned power of Congress to regulate interstate commerce. Put another way, as I see it, the power of the Federal government has just been put into question, at least as it pertains to an enormous volume of interstate commerce.

So it was with pleasure I read Toobin’s analysis: it reflected my own judgment and again made me wonder: Why are liberals so very eager to hail Roberts and anoint him so quickly–without thinking through the problem now presenting itself? ┬áPeople: It’s not as if the far-right wing of the court has at all been weakened. It hasn’t. In fact, the opposite arguably obtains. So….? Why the celebration? Yes, the woefully inadequate and deeply problematic ACA has been preserved, but isn’t that a reason then for moving aggressively to protect other rights we have seen put into jeopardy? Isn’t it time, in fact, to attack the retrogressive agenda of the right, when it seems–seems, not is–in some disarray and split?

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