Archive for June, 2012

MARK TAPSCOTT: Roberts Is Not The Goat In Supreme Court Decision.

After reading and stewing about it all day, I’ve concluded that what Roberts has done is fundamentally shift the constitutional debate away from the liberal assumption since the Woodrow Wilson era that an Imperial Presidency and supine Congress can pretty much do as they please so long as it’s covered by at least one of those fig leaves known as the General Welfare, Necessary and Proper or Commerce clauses of the Constitution.

The new assumption is, thanks to Roberts, that at least two of those clauses in fact cannot simply be dragooned into the service of whatever a passing majority in Congress wants to do. And having shifted the meaning of those two clauses, courts will likely now have to view the other clause differently as well.

In other words, the Constitution means something today that it didn’t yesterday, at least in terms of constitutional precedent. It’s not a grand rout of liberalism from the field of battle, but the correlation of constitutional forces has now shifted under their feet in such a way that they must go over to the defensive on ground not of their choosing.

Well, let’s hope. Related: Paul Rahe: An Act of Great Cunning.

Also: Some encouraging thoughts from George Will.

By persuading the court to reject a Commerce Clause rationale for a president’s signature act, the conservative legal insurgency against Obamacare has won a huge victory for the long haul. This victory will help revive a venerable tradition of America’s political culture, that of viewing congressional actions with a skeptical constitutional squint, searching for congruence with the Constitution’s architecture of enumerated powers. By rejecting the Commerce Clause rationale, Thursday’s decision reaffirmed the Constitution’s foundational premise: Enumerated powers are necessarily limited because, as Chief Justice John Marshall said, “the enumeration presupposes something not enumerated.”

When Rep. Nancy Pelosi (D-Calif.), asked where the Constitution authorized the mandate, exclaimed, “Are you serious? Are you serious?,” she was utterly ingenuous. People steeped in Congress’s culture of unbridled power find it incomprehensible that the Framers fashioned the Constitution as a bridle. Now, Thursday’s episode in the continuing debate about the mandate will reverberate to conservatism’s advantage.

It will be so, if people make it so. Also, read this, from John Hinderaker.

UPDATE: Shikha Dalmia: “This ruling should put to rest the idiotic notion that conservative jurists are ideologically driven, partisan hacks who never seriously consider the other side’s argument. ObamaCare opponents had a lock only on one justice going in: Clarence Thomas. Who else they might muster was always up in the air given that the conservative justices try to balance multiple competing concerns: originalism; stare decisis; judicial modesty; the court’s legitimacy…yada, yada, yada. Kennedy, who votes often with the liberal wing of the court, was regarded as the most likely swing vote. That Roberts cast that vote on a case of such huge importance to conservatives and libertarians suggests that he is even less easy to pigeonhole ideologically.”

That will not stop the usual hack-pundits and politicians from saying the same thing in the next big case. It’s a way of working the refs, and sometimes it works. Notice nobody ever blames the Court’s four liberals for voting as a bloc.

GUESS WHO’S back in court today? I think they’re going to get tired of seeing him there.

DAVID GREGORY ON OBAMACARE: “I’m not sure the White House wants to own it.”

UPDATE: President Pyrrhus? “Keeping Obamacare alive means Mitt Romney still has this unpopular plan to campaign against, including the individual mandate, the most unpopular part (60 percent of Americans oppose it). Do you really think turning the mandate from a government edict to a massive tax hike will make it more popular? . . . Any chance of Democrats taking back the House are dead. The odds of the GOP picking up the Senate just improved. And Romney’s got a fired-up base ready for November. Now imagine what would have happened if Obama- care had lost: Obama’s base would be pumped up, while Romney would be forced to spend the next four months explaining his health care plans.”

UPDATE: Ann Althouse:

“It is not our job to protect the people from the consequences of their political choices.”

That’s the quote from Roberts’ opinion that he extracted up front as he began the announcement of the opinion today. . . .

This calls to mind the old Pelosi quote: “But we have to pass the bill so that you can find out what is in it.”

We found out today, I think. Have you noticed yet?

Indeed.

MIKE GRAETZ ON THE TAX DODGE:

Interestingly, the four dissenters did not claim that imposing such a tax on the failure to purchase health insurance would be unconstitutional. Instead they relied on the constitutional significance of Congress calling the fee a penalty, not a tax. Justice Roberts insisted that this Congressional label was not relevant in assessing the provision’s constitutionality. In a twist, however, Justice Roberts held that the congressional label was determinative in deciding whether the Anti-Injunction Act—a statute which bars lawsuits challenging taxes before the time for their collection—applied, a holding with which the four dissenters agreed. So, the Court decided that even though the provision is a tax for interpreting the Constitution, it is not a tax for interpreting the Anti-Injunction statute. Around Congress, it has often been said about taxes that “if it walks like a duck and quacks like a duck, it is a duck.” Today, poultry just became far easier to identify than a “tax.”

Plus this from Joe Kristan:

Maybe the most depressing aspect of the decision is the way it seems to endorse using the tax law as the Swiss Army Knife of public policy. Things that Congress can’t enact any other way are now possible if they can somehow be crammed into the tax law. The tax code is already groaning under its load of responsibilities for industrial policy, health policy, welfare policy and housing policy, for starters. The IRS Commissioner is now sort of a super cabinet member with a portfolio that dwarfs most of the “real” cabinet departments. Of course, the IRS is ill-suited to this role, resulting in poor policy administration and poor tax administration. Thanks, Justice Roberts!

More commentary at the link.

ROLL CALL: Health Care Ruling Re-Energizes Tea Party:

The movement, born in 2009 from the opposition to the health care overhaul, has developed a professionalism that few expected, attracting seasoned operatives and winning allies in Congress. Vitriolic protests have taken a back seat to well-executed fundraising campaigns. Groups such as the Tea Party Express have raised tens of millions of dollars on the promise of derailing the health care law.

And, in many ways, Thursday’s ruling is exactly what they had been training for.

With its mission left intact by the ruling, the Tea Party Patriots, an umbrella organization that raised $12.2 million from May 2010 to May 2011, instantly launched an online petition slamming the court for ruling “against the American people” and fired off a fundraising email that a spokesman said brought in three times more money than a typical appeal.

“To those that are rejoicing that this monstrosity is partially upheld, I have got four little words for you: This is not over,” Keli Carender, national grass-roots coordinator for the Tea Party Patriots, told the crowd gathered outside the court. “If you thought that November 2010 was historic, you just wait for November 2012.”

Let Freedom Ring, a Philadelphia-based tea party group, green-lighted a plan to roll out television advertisements focused on the law in key battleground states. FreedomWorks, the conservative advocacy group chaired by former House Majority Leader Dick Armey (R-Texas), lambasted the court for “judicial activism” and pledged to “double down” its efforts to repeal the law.

And TheTeaParty.net prepared for an evening strategy session at the National Republican Club of Capitol Hill with GOP Reps. Steve King (Iowa), Jeff Landry (La.) and Marsha Blackburn (Tenn.) as well as other conservative lawmakers.

These groups aside, I can tell you that my email has shown something similar from just ordinary people.

RANDY BARNETT: Is the Supreme Court’s Health-Care Ruling a Turning Point in Constitutional Law? “Although it upheld the individual mandate, the court reaffirmed the traditional view that there must be a judicially enforceable limit on the powers of Congress.”

Related: Rand Simberg: “With yesterday’s ruling, Justice Roberts has begun to close down the Commerce Clause loophole. Conservatives and libertarians need to help him finish the job.”

AT AMAZON, markdowns on previous-generation MacBook laptops.

UPDATE: Reader Robert Sbisa writes:

Thanks for the tip on the discounted MacBook Pros, which was timely. My oldest daughter is headed off to college and I had been meaning to go by the Apple store to get her outfitted but just hadn’t got around to it. Instead, I was able to get the better deal with my Prime account on the same 15″ model I use, myself. While there, I also got the G-TECH 500G external hard drive for her to use with TimeMachine.

Now, can you recommend a decent dorm-suitable printer that would work well with the above? Any help appreciated.

Any recommendations out there?

ANOTHER UPDATE: Reader Chris Kitze writes:

Glenn, we’re very happy with the Epson 840.

It costs $359.99 on Amazon and works great with all Macs. It even prints over the network, scans directly to pdf and connects wirelessly. Prints are fast and high quality.

Ink cost is another matter, but highly recommended.

Thanks! And reader Craig Schroeder writes:

The HP LaserJet Pro P1102w is a great little laser printer that works well in a dorm. You can also use it as a temporary/travel printer when you’re away from your usual office. It is very small (8x9x14) and wireless, and as usual for HP, works great with Macs. It’s currently selling for $114 on Amazon.com.

My dorm printer was an HP Thinkjet. I gave it away after nearly 20 years. Last I heard it still worked, but that’s been a while.

Meanwhile, reader Nancy Cross writes:

Neither of my sons took a printer to college, nor wanted one. Most papers are submitted online, and printing services (rarely needed) are available at both their schools, sometimes for free. I’d suggest your readers’ children decide if they want a printer once they are in school. They can always have Amazon ship right to their school. Desk real estate is scarce, too…

True.

THEY’LL BE PROTESTING OBAMACARE at the Capitol in Denver tomorrow at noon. If you’re in Colorado Springs or Loveland, you can get a ride.

UPDATE: Florida reader Mike Thompson writes:

I attended my first tea party event tonight.

I´m a long time traditional R voter. Wow, was I surprised. The tea party members believe in what I believe in, and they are far more motivated than the members of the local Republican club.

I´ve found a new home. Thanks SCOTUS.

In addition, my FL county is a new Cong. district without an incumbent. The tea party may make the difference in the primary.

If you attend any of these, send pictures and a report. Like these, from St. Louis.

UPDATE: Jim Hoft emails: “Glenn- I ran into five people tonight in St. Louis who said this was their first Tea Party rally!” I’m not surprised.