DAVID BERNSTEIN: More Hints That Roberts Switched His Vote. Hmm. But why?
Archive for 2012
June 28, 2012
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.
21st CENTURY RELATIONSHIPS: Pinterest Ruined My Wedding Planning.
CHANGE: Scientists correct Huntington’s disease mutation in induced pluripotent stem cells. Faster, please.
A NEW BABY for longtime blogger Andrea See. Congratulations!
THE LOUISVILLE TEA PARTY is planning a big 4th of July parade.
NEW FRONTIERS IN SLEEP RESEARCH: Can Science Prevent Nightmares? It’s subscriber-only, but if you suffer from recurrent nightmares it may be worth running down a copy.
MEGAN MCARDLE ON THE OBAMACARE DECISION:
Obviously, I would have preferred this decision to go the other way. I also would have preferred a decision which made sense, which this decision doesn’t really seem to. Despite my general distates for this law, I thought the argument that Congress couldn’t bully the states by threatening to take their Medicaid money away was nonsense, and yet there the Supreme Court goes, agreeing with them. Meanwhile, the Court has rewritten the mandate as a tax, even though everyone who passed it said it wasn’t one. There’s dim hope in the fact that they refused to expand the commerce clause—but only dim, because future expansions of the commerce clause are going to be decided more by the future composition of the court than by this ruling.
But much as I dislike it the general direction of the ruling was hardly unexpected, even if the actual outlines of the decision are pretty much what exactly no one was predicting. I’m not super surprised that they voted to uphold–though I suspect that Justice Roberts has ducked outrage from liberals only to now get just as much outrage from his own side. This is the political environment we now live in. The age when liberal academics could comfortably expect to see their dominance of the academy translate into a broad progressive consensus on the court are over. We’ll be battling over the composition of the court for a long time—and if a liberal or conservative justice is forced to retire while the other party holds the presidency, I expect to see things get vicious indeed.
Meanwhile, let’s look on the bright side. Some reasons to be cheerful:
You’ll have to follow the link for those. But here’s one: “I assume that we’re all looking forward to seeing Obama campaign on his large middle class tax hike. Pass the popcorn!”
TIMOTHY DALRYMPLE: Five Possible Silver Linings In The ObamaCare Decision.
HANS VAN SPAKOVSKY: The Supremes Get It Fundamentally Wrong.
UPDATE: More from Andrew McCarthy.
ANOTHER UPDATE: Ann Althouse: How Chief Justice Roberts reenvisioned the individual mandate as a tax… and how he avoided the question of congressional accountability. “Now, this is awfully tricky. What about democratic theory? Shouldn’t Congress have to reveal such a devious scheme to the people so they can react and pressure Congress about what they want and don’t want? . . . I think it’s a real omission for Roberts not to address the accountability theory with respect to the mandate as a tax.”
Plus: Paul Mirengoff: In Big Supreme Court Cases, It’s All About Winning.
WITH 17 DEMOCRATS JOINING IN: House Votes Holder in Contempt of Congress, 255-67.
POLITICAL-CORRECTNESS FAIL: Google’s One-Gender-Fits-All T-Shirts Don’t Fit.
Google I/O hadn’t even started when critics began unloading on how the developer conference was being run. A forward-thinking Google panel on how to get more women in tech became a flashpoint for whether the t-shirts handed out at Google I/O are patriarchal.
“They gave me a t-shirt and it’s a size small, men’s,” said Alex Maier, a community manager and heavy user of Google’s products, during a Q&A session with the panel. “That makes me feel unwelcome. I don’t want to make this a big issue or confrontational thing…. But the thing is, I show up, and I want my shirt, and I don’t want to be told that I can sleep in it.”
What, Maier asked, was Google going to do about its one-gender-fits-all clothes in the future, given that women at Google I/O are already vastly outnumbered and prone to feeling excluded?
The audience of roughly 100 women applauded the question exuberantly.
Perhaps the women should take a cue from male tech geeks, who quite clearly don’t spend much time worrying about how well their t-shirts fit.
But I’ll note that the InstaPundit store has always featured stylish women’s babydoll t-shirts as well as men’s sizes. Maybe Google will catch up one day.

WELL, THAT SUCKS: Google Shopping Censors All Gun, Ammo & Accessories Results.
21ST CENTURY RELATIONSHIPS: Confession: I prefer my sex toy over my husband.
JOEL POLLAK: Did Roberts Give in to Obama’s Bullying?
Reader Barry Johnson emails, cruelly: “Second look at Harriet Miers?” And Jake Tapper notes that Obama is probably glad that his vote against Roberts’ confirmation didn’t carry the day.
UPDATE: James Taranto:
So what we have here is another 5-4 decision, just like Bush v. Gore and Citizens United. But as a political matter, NFIB v. Sebelius is different in two important ways. The obvious one is that this time the left loves the outcome. Somebody will have fun compiling a list of quotes from lefties bewailing 5-4 decisions yesterday, then praising this one. You can start with Reich.
The second difference is that the result in this decision is likely to be hated by people who aren’t immersed in politics. The left hated Bush v. Gore for partisan reasons and hates Citizens United for ideological ones. People who aren’t particularly partisan or ideological had no reason to care about either of those rulings. But this one will affect their health care, and a large majority of the public has long been hostile, and rightly so, to ObamaCare.
What’s more, Roberts’s opinion has made a liar of President Obama, who in a 2009 interview with ABC News insisted that the mandate was “is absolutely not a tax increase.” He even lectured the network’s George Stephanopoulos, who had cited the dictionary definition of tax: “George, the fact that you looked up Merriam’s Dictionary, the definition of tax increase, indicates to me that you’re stretching a little bit right now. Otherwise, you wouldn’t have gone to the dictionary to check on the definition.”
In 2008, Obama promised not to raise taxes on middle-class taxpayers. Oops. Maybe he can win back swing voters by telling them the word gullible isn’t in the dictionary.
Heh.
MORE: Reader Frank James writes: “One man without courage makes a majority!”
Perhaps unfair. But funny!
MORE STILL: Professor Jacobson is not pleased.
JAMES PETHOKOUKIS: Supreme Court has turned the 2012 election into a conflict of visions.
A READER EMAILS: “Cleveland Tea Party Patriots to rally outside Sherrod Brown’s Office 4pm – 6:30pm. The energy is back.”
LOVE AND SEX among the demented. If I wind up that way, I hope I get plenty of both.
“HUMILIATING:” CNN News Staffers Revolt Over Blown Court Coverage. “We had a chance to cover it right. And some people in here don’t get what a big deal getting it wrong is. Morons.” It’s been a bad year for CNN.
TENNESSEE GOVERNOR BILL HASLAM: Obamacare will cost TN ‘hundreds of millions of dollars.’
POLITICO: Frantic Scenes As Contempt Vote Looms. “The White House and Justice Department mounted a frantic behind-the-scenes effort on Wednesday to bolster Democratic opposition to a contempt resolution against Attorney General Eric Holder, but Republicans appear to have more than enough support for the divisive vote to sail through the House. . . . The NRA’s decision to wade into the Holder contempt fight has intimidated some vulnerable Democrats into backing the measure. These Democrats are more scared of the powerful pro-gun-rights group than they are of the president.”
It’s always nice when a civil rights group wields such influence.
UPDATE: House advances Holder contempt resolution with help from 15 Dems. So it’s a bipartisan contempt resolution, and anybody opposing it is just a partisan hack. Kinda like when Olympia Snowe would join with the Dems on something.
ANOTHER UPDATE: Reader Bryan Briney writes: “You obviously haven’t been reading the mainstream media style book. When Olympia Snowe joins Democrats, it’s ‘a bipartisan majority’. When 15 House Democrats join Republicans, the vote was ‘largely along party lines’.” Yes, that’s what I was mocking. . . .
MORE: PANIC: Media, leftist narrative: Holder will be found in contempt as retaliation for SCOTUS decision. Okay, now, that doesn’t even make sense.
A READER EMAILS THAT the St. Louis Tea Party is rallying tonight.
AT AMAZON, it’s the Kindle Daily Deal. Looks timely.
FOLLOWING UP ON MY MARBURY OBSERVATION FROM THIS MORNING: Obama Wins the Battle, Roberts Wins the War: The chief justice’s canny move to uphold the Affordable Care Act while gutting the Commerce Clause. “By ruling that the individual mandate was permissible as a tax, he joined the Democratic appointees to uphold the law—while joining the Republican wing to gut the Commerce Clause (and push back against the necessary-and-proper clause as well). . . . Roberts’ genius was in pushing this health care decision through without attaching it to the coattails of an ugly, narrow partisan victory. Obama wins on policy, this time. And Roberts rewrites Congress’ power to regulate, opening the door for countless future challenges. In the long term, supporters of curtailing the federal government should be glad to have made that trade.” We’ll see.
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