ObamaCare Isn't On Trial
Glenn Thrush, alleged reporter for Politico, has decided that any legal opposition to Obamacare must spring not from Constitutional concerns – concerns mirrored by Justices Kennedy, Roberts, Alito, Scalia, Thomas, and even Sotomayor in part – but from sheer politics. His piece on the Obamacare hearings is pure farce. “John Roberts On Trial,” it screams, even though Roberts is certainly not on trial:"John Roberts is having his Bush v. Gore moment. If the wily chief justice felt squeamish about leading the Supreme Court into an election-year political maelstrom, that was nowhere on display Tuesday, when the Roberts-led conservative majority signaled its collective skepticism, even hostility, for President Barack Obama’s health care law."This isn’t about the “conservative majority” of course – it’s about the Constitution. If Thrush had paid any attention to the actual arguments, he would have spotted that the conservative judges on the Court cite the Constitution far more frequently than their liberal counterparts, who routinely descend into basic political analysis of the bill.
But Thrush isn’t interested in the truth. He’s interested in doing a hatchet job. So that’s what he does:
If the Affordable Care Act goes down — especially if it suffers the same schismatic 5-to-4 blow sustained by the McCain-Feingold campaign finance law in the Citizens United case — critics will accuse the Roberts Court of rigging the game and covering their power play with constitutional doublespeak.
And who might those “critics” be, Glenn? They couldn’t possibly be you, implying that the Roberts Court is rigging the game and covering its power play with constitutional doublespeak, could it?