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I am amusedly watching the reactions of the SCOTUS ruling on Obamacare — where yesterday’s “extremist activist court” is suddenly a model of humility and judicial restraint — and remembering this piece Reason put up yesterday, and I’m thinking of Kate Smith who would sing, “what a difference a day makes…24 little hours…”
As usual, and I don’t know why it needs to be this way, but it really is “as usual” some Democrats cannot manage grace in victory. Ever.
If you want intriguing possibilities, go to Volokh, where David Bernstein asks: Was Scalia’s Dissent Originally a Majority Opinion?:
Scalia’s dissent, at least on first quick perusal, reads like it was originally written as a majority opinion (in particular, he consistently refers to Justice Ginsburg’s opinion as “The Dissent”). Back in May, there were rumors floating around relevant legal circles that a key vote was taking place, and that Roberts was feeling tremendous pressure from unidentified circles to vote to uphold the mandate. Did Roberts originally vote to invalidate the mandate on commerce clause grounds…?
We’ll never know that one.
Meanwhile Law Prof Ann Althouse has a long and thoughtful exposition of Roberts’ opinion and a segue into Scalia, as well.
On a day of rising passions, Deacon Greg looks to our newest American Venerable who said, “It is very well to sing ‘God Bless America,’ but how can He bless us if we hate?”
The Catholic Bishops, understanding that the HHS Mandate fight — and the abortion provisions within the plan — must still be addressed pleas for some repairs
Ed Morrissey: So, what now?. Ed reports that the decision has been a boon for Romney’s war chest, but I expect it will be for Obama’s too. He’ll see a bump and an increase in funding as those who were disheartened find new energy.
If you want a combination of lunacy, sorrow and ugliness, just stick to the twitter feeds. Even they, though, are better than
Over on Facebook, Brandon Vogt asked people to give a reaction to the ruling in five words. I did not –as some might have guessed — choose “the king is a fink”. Rather I chose to take the long view and quote Julian of Norwhich: “All shall be well. Amen.”
All shall be well, and all shall be will, and all manner of things shall be well.
UPDATE: Via a friend who sent me Ed Henry’s Twitter timeline:
Even more from CJustice Roberts: “It is not our job to protect the people from the consequences of their political choices.”
Also, Jay Cost says whether this is a “win” or “lose” depends upon what you’re seeking:
Politically, Obama will probably get a short-term boost from this, as the media will not be able to read between the lines and will declare him the winner. But the victory will be short-lived. The Democrats were at pains not to call this a tax because it is inherently regressive: the wealthy overwhelmingly have health insurance so have no fear of the mandate. But now that it is legally a tax, Republicans can and will declare that Obama has slapped the single biggest tax on the middle class in history, after promising not to do that.
Well, as Glenn points out a tax repeal can’t be filibustered. Interesting times ahead. Is it possible that Roberts, concerned by threats from the left that they would de-legitimize the court if it struck down Obamacare, reasoned as he did to both give the GOP a workable means of repealing the thing through legislation while also utterly defanging those threats? After all, if you look at the people screaming about the court yesterday, they’re all purring like kittens on twitter, and calling SCOTUS “humble” and “judicious.” There’s no more talk of “partisan, activist judges” today.
Are the Dems and the press going to wake up in the middle of the night, think about that and cringe?
Hey, anything is possible at this point. The Bird is the Word!
UPDATE II: Ezra Klein, The POlitical Genius of John Roberts