By Alberto Pupo
So the dust clears and after two years o hype, rabid tea party protests, death panels and numerous legal challenges on every different court imaginable the fight came to the big stage and a decision was made. The fate of Obamacare in the hands of a Court that had sold most of its integrity to Corporate America. Then from out of nowhere the unthinkable in the blink of an eye a decision which shocked the casual observer. The law was upheld! Despite the protestations of the Right the mandate did not die. It lives on now officially declared a tax. Many were also left in shock by the man who provided the victory. Enter Chief Justice Roberts a Bush gift, and a man who is head of the most Conservative Supreme Court ever! A man who does not particularly care for President Obama and from day one at his Inauguration began with bungling of words and bad blood. That same John Roberts upheld a law that has been reviled and even shot at literally for dramatic flair. What brought this change of heart? Did Roberts suddenly realize he had one? Is this all a clever ruse? Or a mixture of all of the above? Was this a battle to salvage his legacy and position in the Court.
The Supreme Court started off the week by quite frankly stabbing the people of our Nation in the back. First allowing rampant abuse in the state of Arizona upon immigrants via a well placed loophole. Secondly by once again upholding Citizens United and allowing Super PACS to continue pouring filthy money into the democratic process. The people of this Nation were riled up and angry already before this decision was announced. There was even talk and has been talk that members of the Court have been purchased rumors of potential impeachment floated through some circles. This is how Roberts found his heart today. In a canny move for political survival the upholding of the Law is nothing more than a way to fix the shattered credibility of the Court. If the Court would have struck down the law and Roberts would have followed his usual path the cries to heaven would have been much worse. Roberts is very young for a Chief Justice he knows that if he plays his cards right he can be in the Court doing damage for quite some time. His actions were motivated by a desire of political survival. To put it all into the vernacular “He took one for the team”/ By siding with Obama and the health care law he takes pressure of the Cort which had been making horribly fascist decisions, and while the Affordable Health Care law is far from perfect it is enough to provide benefit to people in our Nation. Setting aside his rabid ideology in order to survive was part of the plan and a large reason for the surprising turn.
The second reason and one not apparently obvious is that the upholding of the law has saved the insurance industry. Let’s face the facts the law is going to actually be a great boon to healthcare companies. When it takes full effect millions of previously uninsured Americans will be added as consumers rather than take the penalty tax. With a growing pool of consumers the executives are salivating at the potential profits. In this case the Obama plan gives the Private health care industry the biggest shot in the arm it has ever received. Justice Roberts being a man of allegiance to corporations knew that for this profit bonanza to occur he would have to allow the law to become a reality. A striking down of the mandate would have also lead to questions about the power of government to compel or as Roberts states “tax” the people. Many would have noted that there would be no type of insurance mandate leading many to forgo insurance altogether and in fact hampering the profit margin of the health care industry. So being that he is the man who upheld Citizens United twice, Justice Roberts cannot betray his Corporate friends it would not be right.
So it seems that there is always an agenda. Whenever a Right Winger has an appearance of being charitable there is usually a more insidious agenda. In siding with the health care law Judge Roberts fixes his image stems back criticisms and finally continues to pave the road for corporations to make enormous amounts of profit. What we have learned today once again is that the only thing that matters is the ability to stay in power and Roberts by “taking one for the team” as cemented his place in the Court for many more years to come.
* A CAUTIONARY REPORT ON PPACA *
I’ve been doing the Snoopy Dance, all day — as I listen to many voices around the United States regarding today’s decisions. I say “Decisions” because the Supreme Court’s announcement today was actually a case in four parts.
Roberts crossed over to join the moderate members of the Court to defend the Individual Mandate — BUT!
This is a big BUT.
BUT, the reason, according to the Majority Opinion – written by Roberts, himself**, rejects the argument that the Individual Mandate is constitutional under the Commerce Clause, but is justified under the Congress’ authority to tax.
THIS UNDERMINES THE AUTHORITY OF THE FEDERAL GOVERNMENT UNDER THE COMMERCE CLAUSE.
In the Roberts decision is a veiled criticism of President Obama, and the Democratic Congress which passed the bill, in which he pointedly says that the Court is not commenting on the wisdom of the legislation and the intelligence of the American voter.
THIS IS THE ROBERTS WE KNOW.
I believe that Roberts made a calculated POLITICAL decision, and chose what he considered to be the lesser of two evils, and allows him to further hurt the Federal governments ability to use the Commerce Clause to defend the rights of the Working and Middle Class.
I will be taking time over the weekend to read all of the decisions of The Court. After that, I may have more to say about the Supreme Court’s decision on the Patient Protection and Affordable Care Act (PPACA) – A.K.A. ObamaCare (because Obama CARES about ALL Americans).
As the Chief Justice, Roberts has the ability to choose which justice will write the Majority opinion. In this case, he chose HIMSELF so that he could point his finger at Obama, and to express negative opinions about PPACA.