A Crisis in Courage

Chief Justice Roberts voted to sustain Obamacare, ensuring its survival by a 5 to 4 vote in the Supreme Court. His vote was the deciding vote. Four other justices voted to invalidate Obamacare in its entirety. Roberts was nominated for the Court by George Bush, but he voted with the liberals on the bench. Why?

Roberts said it was not his job to protect the citizenry from the consequences of its political decisions. This is true. But it is his job to protect and defend the Constitution, and he failed miserably. His vote was result driven, not process driven. Even he agreed that the Administration’s argument for the law on the basis of the Commerce clause was not valid. Even he argued that the mandate was not a penalty as argued by the Administration, but a tax. As Kennedy said, the Supreme Court should not be in the business of rewriting law, but that is precisely what Roberts did. The law was passed with pledges from Obama that it was not a tax. The bill would not have passed if it was considered a tax. Yet Roberts said that despite the fact that the Obama Administration has steadfastly maintained that it is not a tax, it nevertheless could be considered as a tax. Roberts seemed more concerned with the outcome than in the process. Justice Anthony Kennedy dissented, saying Roberts was “guilty of vast judicial overreach” and of attempting to “force on the nation a new act.”

Roberts appeared cowed by the attack that he knew the Left was preparing to launch against the Court. After the Court’s involvement in the Bush-Gore presidential election, the political profile of the Court has risen. He seems as though he was trying to preserve the stature of the Court as above politics. But in trying to preserve the stature of the Court, he has abandoned the Court’s mission which is to protect the Constitution. What is the Court if it has sacrificed its mission? What has Roberts preserved? If he did not have the courage to defend the Constitution, he should not have accepted his nomination to the Court.

Obama has publicly declared that he does not believe in the Constitution even though on taking the oath of office he swore to protect and defend it. He also has steadily diminished the role of the legislature and he is trying to do the same to the Court. It seems that the Chief Justice is aiding and abetting him.

The liberal justices are never driven to protect the Constitution. They don’t like it, even though they have sworn to defend and protect it. They are driven by agenda, not law or the Constitution. They do not back off. Their votes are never in doubt by the Left. The problem with moderates and conservatives is they still believe in compromise; the Left does not. This means that slowly and steadily America as we know it is being dismantled. The State is growing like a cancer and destroying America.

This country is being fundamentally transformed by Obamacare which was pushed through Congress in a highly partisan way, using questionable legislative techniques, and is now being validated by the Supreme Court in a 5 to 4 decision. Is this really the way we want to move our country forward?


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