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Clint Bolick: The Supreme Court Stakes in 2012
WSJ ^ | July 9, 2012 | Clint Bolick

Posted on 07/10/2012 6:00:29 AM PDT by throwback

Many conservatives are angry with Chief Justice John Roberts, whose decisive vote in late June not only sustained a disastrous health-care law. It also interpreted the Constitution to permit Congress to penalize behavior through its taxing power that it cannot control through its power to regulate commerce.

Magnifying the harm is a CBS News report—and informed suspicions from a number of sources—that Chief Justice Roberts initially voted to strike down the law but switched in the face of veiled threats from President Barack Obama and concerns about the court's reputation and his own.

Some conservatives were also disappointed that Chief Justice Roberts joined fellow conservative Justice Anthony Kennedy and the four liberal justices earlier in June in striking down portions of Arizona's immigration law. They considered the ruling a blow against federalism.

The upshot is that Chief Justice Roberts has become a "swing" justice on the Supreme Court—along with Justice Kennedy, who has occupied the swing position held by Justice Sandra Day O'Connor until she was replaced by conservative Justice Samuel Alito in 2006. The court now is composed of three solid conservatives and four solid liberals, with Chief Justice Roberts and Justice Kennedy leaning conservative.

(Excerpt) Read more at online.wsj.com ...


TOPICS: Political Humor/Cartoons
KEYWORDS: 2012; roberts; supremecourt
By holding the line in June, then, the conservative majority ensured, at least for now, that the power of the national government remains limited. That portion of the health-care decision continues an important trend in which the court has set boundaries on federal regulatory power that had been erased during the New Deal.

The usual, inevitable argument. Laugh or cry, you pick.

1 posted on 07/10/2012 6:00:36 AM PDT by throwback
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To: throwback
“But he sided with his fellow conservatives in holding that the mandate to buy insurance itself exceeded Congress's power to regulate interstate commerce. “

Gee, wouldn't that mean Obamacare is . . . unconstitutional?

2 posted on 07/10/2012 6:17:53 AM PDT by Jacquerie (The American Revolution is dead.)
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To: throwback
"Many conservatives are angry with Chief Justice John Roberts"

More like disgusted, with intent to drive a stake through his "legacy".

3 posted on 07/10/2012 6:20:23 AM PDT by Paladin2
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To: Paladin2

Isn’t some of the disgust at Roberts also directed at GWB? Hopefully if nothing else this will keep Jebbie off Romney’s ticket.


4 posted on 07/10/2012 6:25:26 AM PDT by Theodore R. (Past is prologue: The American people again let us down in this election cycle.)
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To: throwback
I'm starting to wonder just who is more delusional the libs or these rosy colored conservatives?

This guy will still be proclaiming "This is a huge step towards limited government" as he is being marched into political realignment camp, never to be heard from again.

5 posted on 07/10/2012 6:26:09 AM PDT by precisionshootist
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To: Paladin2

As some have alluded to, even Miers may have been better than Roberts. Unfortunately Willard is like to appoint more Robert Republicans.


6 posted on 07/10/2012 6:32:19 AM PDT by Paladin2
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To: Paladin2

As some have alluded to, even Miers may have been better than Roberts. Unfortunately Willard is likely to appoint more Robert Republicans.


7 posted on 07/10/2012 6:33:04 AM PDT by Paladin2
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To: Paladin2

As some have alluded to, even Miers may have been better than Roberts. Unfortunately Willard is likely to appoint more Roberts Republicans.


8 posted on 07/10/2012 6:33:32 AM PDT by Paladin2
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To: throwback
We lost... there is NOTHING good in defeat. All that we can do is get up and dust ourselves off and start to disassemble the evil that has infected our Republic... and with hard work and GOD’s will... we will succeed.

LLS

9 posted on 07/10/2012 6:39:30 AM PDT by LibLieSlayer (Don't Tread On Me)
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To: throwback

Another person whose physical safety we are now compelled to pray for....John Roberts.

Think of the possibilities if something were to happen to him. An Obama propaganda blitzkrieg blaming “right-wing zealots and Tea Partiers”, followed by a massive crack-down. Plus he gets to name another Wise Latina as his replacement.


10 posted on 07/10/2012 6:50:36 AM PDT by Buckeye McFrog
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To: throwback

The author points to not let Obama pick the next few SC justices.

OK, IF Romney wins this Nov. he’s also likely to pick someone ‘left of Roberts’. There is no chance that more Scalia, Alito, or Thomas will be (1) nominated; or (2) confirmed.

Plus all his (Romney) top adviors are not in the repeal Obama(Roberts)Care camp. Romney may just play lip service to get the presidency, but not likely to cave in to conservatives.


11 posted on 07/10/2012 6:52:50 AM PDT by Sir Napsalot (Pravda + Useful Idiots = CCCP; JournOList + Useful Idiots = DopeyChangey!)
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To: Sir Napsalot
Half a loaf is better than none. Romney might give us another Anthony Kennedy but we can be vigilant and prevent another Souter. At least he won't give us someone like Kagan--whereas any new appointee by Obama will be at least as bad as the two he has given us so far.

The problem is that the liberals have become so effective at Borking known conservatives (especially anyone who has ever expressed an opinion on abortion) that someone like GWB has to pick a stealth candidate and hope for the best.

Another evil legacy of Ted Kennedy. "The evil men do lives after them..."

12 posted on 07/10/2012 7:55:23 AM PDT by Verginius Rufus
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To: throwback

Well, i can only say that in this case i am glad that i was not allowed to vote for the justices as i would have voted in favor of John Roberts, and now i would be sorry as hell.

But it fits pretty good, if he were in fact a real American he most likely would not have been in a position to be given that position in the first place.

But what is an American? maybe i am confused on every thing.


13 posted on 07/10/2012 8:05:22 AM PDT by ravenwolf
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To: Verginius Rufus
>>> Half a loaf is better than none.

That is pretty much Clint Bolick’s pov.

I just point out that we vote for Romney with eyes wide shut, HOPE-ing for the best.

And guaranteed will be disappointed by the next Roberts.

14 posted on 07/10/2012 9:38:13 AM PDT by Sir Napsalot (Pravda + Useful Idiots = CCCP; JournOList + Useful Idiots = DopeyChangey!)
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To: throwback

“The court now is composed of three solid conservatives and four solid liberals...”

###

That would be four solid, America-destroying, unapologetic blatant Communists.

I would add that they all hate, in mixed proportions white/Christian/European/males.


15 posted on 07/10/2012 9:47:23 AM PDT by EyeGuy (Armed, judgmental, fiscally responsible heterosexual.)
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To: throwback

I keep hearing how ‘brilliant Robert’s is” in making his decision because suppsoedly, he slammed the door shut on the left in terms of using obamacare on the baqsis of the ‘commerce clause’ and that Roberts ‘forced’ the ocoma administration to ‘admit obummercare is a tax’ but the REALITY is that Roberts opened a gaping hole for the left to drive straight through unimpeeded in the future- Sure, The right can ‘repeal obummercare’ however, when the left regains the office and senate, they will simply just reinstate obummercare because Roberts gave them free reign to simply reinstate an UNCONSTITUTIONAL VIOLATION TO OUR FREEDOMS!!!

There was NOTHING ‘Brilliant’ About this assault on our constitutional rights- NOTHING! Roberts was nominated to make judgements and uphold the rule of law, and he refused to do so and isntead LEGISLATED from the BENCH- compeltely ignorign the FACT that forcing someoen to pay a penalty for NOT buying something is a compelte VIOLATION to our constitutional rights!!!

Never before in our history has our government forced it’s citizens to purchase a product or service simpyl becasue we are alive- NEVER!- Justice (and I use that term in this case VERY loosly)Roberts legislated fro mthe bench allowing our government to FORCE citizens to purchase somethign OR pay a penalty-

Takign this to the extreme to prove the poin t- There is supposed to be NOTHING that we absolutely have to do- We don’t even have to pay taxes IF we choose not to- We could kill ourselves in order to deny the government their ‘collection powers’, or we could comkpletely go off the grid- leave our homes, live off the land, and never simply keep on the move and never pay taxes again- We DO have thsi CHOICE if we so choose-

Now, admitedly, this is the extreme- but the point is that IF we so CHOOSE to pay taxes, then WE have made that choice- NOT the government- Now however, We no longer have the choice- EVEN IF we choose to go off grid and live in the wild- We will be concidered ‘fugitives from justice’ because we refuse to purchase obummercare because ‘by law’ the government will now be obligated to pursue said ‘offgrid’ individual for ‘non-payment’ of obummercare

And we now have ‘justice’ roberts to ‘thank’ for giving our goverment the very powers that socialist governments have, and the very powers that england had- the very government that we ESCAPED FROM way back when when they became too pwoerful and invasive and intrusive into our private lives- Now, we’re right back where we started- Heck- we’re even seeing states determining whether or not a business can conduct their business i nthe state according to their religious beleifs- IF the business doesn’t subscribbe to the state’s ‘religion’ of homosexuality- then by golly, that business can notr practice i n the state now apparently-

Obummercare ALSO violates the seperation of church and state inthat it will now FORCE emplyers, and organizatiosn to provide abortions and birth control etc via government sanctioned healthcare- Before roberts opened that door- employers were free to choose their own healthcare- and could choose healthcare that refused to cover such abominations- now however, they will no longer have that choice, and will infact have to pay into government mandadted HC which supports such assaults o nthe innocent-

No- Roberts decision was NOT Brilliant- it was judicial malpractice because roberts REFUSED to fully and objectively uphold our constitution, and he gave our governmetn unfettered ability to trample on our constitutional rights


16 posted on 07/28/2012 10:16:16 AM PDT by CottShop (Scientific belief does not constitute scientific evidence, nor does it convey scientific knowledge)
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