Politics and the Supreme Court

There’s been considerable speculation as to why Chief Justice John Roberts voted to uphold Obamacare as constitutional. Some on the right have blamed his epilepsy medication, which is only slightly less absurd than the idea that David Axelrod was planning on having Roberts offed. Really, if President Obama wanted one justice off the Supreme Court, wouldn’t it be the Giant Gas Bag of Righteous Rightwingness, Antonin Scalia? And if Roberts was dumbed down by his epilepsy medication, why didn’t the prescription work its magic when it came to him unnecessarily and without precedent limiting the commerce clause of the Constitution?

John Roberts - Caricature

John Roberts – Caricature (Photo credit: DonkeyHotey)

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Obama Plays Offense

President Obama’s recent warning about the conservative Supreme Court potentially overturning Obamacare was the right thing to say, and long overdue.

Ultimately I’m confident the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected congress.

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The Argument for Health Care

The Supreme Court is currently hearing arguments regarding the constitutionality of Affordable Care Act, otherwise known as Obamacare. A newly released survey of legal experts says they’re doubtful that the individual mandate will be overturned. Remember, the individual mandate was originally a Republican idea, and these experts include a few dozen former Supreme Court clerks, which in turn includes a significant number from the conservative side of the spectrum.

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Ballade of Bush v. Gore

Since Justice Scalia has brought Bush v. Gore back into the news, I’ll dust off an old poem about it, inspired by the following part of that 5-4 Supreme Court decision:

Because it is evident that any recount seeking to meet the December 12 date will be unconstitutional…, we reverse the judgment of the Supreme Court of Florida ordering a recount to proceed.

English: Antonin Scalia, Associate Justice of ...

Image via Wikipedia

For the wise Supreme Court, which the nation reveres,
For the justices, given the charge to restore
Our respect for and faith in our system, three cheers!
They’ve put all speculation to rest evermore:
It’s hello to George W., ‘bye ‘bye Al Gore!
And the crux, which the court’s sage majority notes,
Is an argument nobody’d thought of before:
There’s just not enough time to count all the votes.

More of this poem after the jump

Antonin Scalia Falls Flat on Facts and Substance

ThinkProgress posted an article Saturday about a speech given last week at Wesleyan University by ultra-conservative Supreme Court justice Antonin Scalia. They focused on Scalia’s lack of knowledge when it comes to the landmark Bush v. Gore decision, in which the conservative Court handed the presidential election to George Bush the Junior, quite literally deciding that the votes didn’t matter.

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