What explains the Roberts Obamacare decision?
Yes, just what does explain the Roberts Obamacare decision?
While the effect of his epilepsy meds have been hypothesized, a far simpler explanation would be that Roberts was worried about his legacy and caved to the pressure.
“I think he [Roberts] was determined to try to uphold some key parts of the law, if he could find a way, partly because…he has grown concerned about the public perception that his Court is a partisan-driven Court.”
He has grown concerned about the public perception is disconcerting. After all is the law king or is public perception king? Still, without public support, regardless of our founding documents—think prohibition—can any law possibly fulfill its intended purpose?
Some think the Court’s decision bodes well for conservative causes (and actually, Obamacare will not survive, regardless; based on higher costs and worsening healthcare outcomes,
socialized medicine Obamacare is certain to be an epic, if slow-motion, fail).
Conservatives understand the patience requisite for the politics of democracy — the politics of persuasion. Elections matter most; only they can end Obamacare. But in Roberts’s decision, conservatives can see that the court has been persuaded to think more as they do about the constitutional language that has most enabled the promiscuous expansion of government.
For today, finding a conservative “silver-lining” in the Court’s rulings seems a bit like digging through the manure pile with the knowledge a pony has to be in there somewhere.