A substantial conservative win

Orange County Register ^ | 29 June 2012 | George Will

[OldNavyVet]

"Conservatives won a substantial victory on Thursday. The physics of American politics - actions provoking reactions - continues to move the crucial debate about the nature of the American regime, toward conservativism. Chief Justice Roberts has served this cause."

[Skepolitic]

The DNC Executive tweeted an even better analysis:

“It’s Constitutional. Bitches.”

Will is imagining a silver lining around a dark cloud. But a Cat 5 hurricane has no silver lining.

[slowhandluke]

Of interest, Republicans tried to do in courts what they could not do in Congress. In effect the court took the position it was a law and to tell Congress to fix it themselves. Funny, court conservatives wanted the court to decide. Strange twist.

Fix it? The question isn't whether or not it was broken or flawed, but whether it was unconstitutional. This decision erased all distinction between penalty and tax. Well, not exactly - it's more like quantum physics, where an electron can be bot a particle and a wave at the same time. Depemding on how you squint at it, you might see either form. The charge for not having medical insurance of the specified form can be seen as a penalty or a tax depending on how you need it to be seen.

What the Republicans wanted to do in court was to stop what the constitution should have prevented them from doing in Congress.

The court just ruled that there are absolutely no limits on the Federal power of taxation.

George Will is an idiot.

[dfwgator]

The DNC Executive tweeted an even better analysis: “It’s Constitutional. Bitches.”

And that's what precisely 90% of Americans are going to take away from all of this.

[JohnLongIsland]

That’s his vacation home, he lives in D.C. satelite Chevy Chase...

[JohnLongIsland]

That’s his vacation home, he lives in D.C. satelite Chevy Chase...

[dfwgator]

Just like a football team that loses by 50+ points is a win because next week they will try harder. /sarcasm

Or as a former Gator assistant football coach, Steve Addazio, would say after another loss, "They graded out as 'Champions.'"

[kabumpo]

Agree with you and everyone on this thread who posted that Roberts is somewhere between a disappointment and a betrayal and George Will is a stuffed shirt sell out.

[slowhandluke]

The case challenged the court to fashion a judicially administrable principle that limits Congress' power to act on the mere pretense of regulating interstate commerce. At least Roberts got the court to embrace emphatic language rejecting the Commerce Clause rationale for penalizing the inactivity of not buying insurance.

I consider 'George Will is an idiot' to be simply a truth of nature. But just to check, I went to the article to find out what 'win' he saw. I was right, he was an idiot. What the decision says is that the left can stop trying to squeeze through the window of the commerce clause. They can now walk through the open barn door of the power to tax.

Yes, the window is shut, George, but the horses are out and the barn door is now wide open. Idiot.

[smoothsailing]

He probably spends little time in Chevy Chase. He’s pretty old, odds are his vacation home has gradually evolved into his retirement home.

[SaxxonWoods]

It’s way too early to know all the ramifications of the decision, but as you can see, a lot of folks around here want to be losers, no matter the actual circumstance.

[OldNavyVet]

It’s way too early to know all the ramifications of the decision

I agree, time will tell.

The decision was a huge downer for me, and George Will made my day in looking on the bright side.

We shall see ... .

One thing for sure is that Obama's not goiing to be able to use an Obama-Care defeat as an election issue.

[Anti-Bubba182]

You and me both!

[Anima Mundi]

If you try to fail and succeed, what have you just done?

[BfloGuy]

it can't be used to overturn the law (because the law is upheld for a different reason altogether) it is nothing more than obiter dicta.

I am no constitutional lawyer so I can't say that, in this case, obiter dicta doesn't apply. But there are cases where obiter dicta has ended up as long-standing precedent.

Just to be clear, I disagree with the decision to uphold Obamacare, but I don't consider it any disaster for the Constitution.

[OldNavyVet]

If you try to fail and succeed, what have you just done?

I've succeeded ... Check your premises.

[Hostage]

Thanks for you informed and reasoned views.

[tsowellfan]

His apologists say it's a BIG win for "conservatives". Well, if Roberts is so smart by intentionally handing the conservatives such a "win" then why is he joking with the liberal media about finding an island to hide on.

BS on the George Will's of America.

[FredZarguna]

But there are cases where obiter dicta has ended up as long-standing precedent.

No, there aren't. Orbiter dicta is not precedent, and no lower court nor USSC is bound by dicta.

A very thoughtful opinion and some links to counterpoints by someone whose opinion I am very proud to say supports mine just came online about 1/2 hour ago (none of these are my blogs) here: http://legalinsurrection.com/2012/06/what-if-that-huge-conservative-doctrinal-achievement-was-mere-dicta/

[BfloGuy]

A very thoughtful opinion and some links to counterpoints by someone whose opinion I am very proud to say supports mine just came online about 1/2 hour ago (none of these are my blogs) here:

I respect Jacobsen's opinion, too. Very interesting. And since I have already far exceeded my meager knowledge of constitutional law [though I always reserve my right to pronounce my constitutional opinions,] I shall withdraw. You have brought up a very interesting point that the entire media ( surprise, surprise) has ignored or is not aware of.

It's fun to learn stuff.

[Revolting cat!]

George would be correct in his interpretation, IF and only if the decision would in practice force the Court TO honor its precedence. But the Court has been and will remain capricious.