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A Call for Healing

A Call for Healing
Democrats Call for Healing the Country
Showing posts with label John Roberts. Show all posts
Showing posts with label John Roberts. Show all posts

Oct 8, 2020

Supreme Court Ruling Stopped Elections From Having Consequences

 It's discouraging that once a Supreme Court rewrites a law for Congress, it's permanent.

Obamacare passed the Senate with a simple majority as a reconcilement bill, claiming it would save, rather than spend money.   After a Republican won a Massachusetts special election by campaigning against Obamacare, Democrats no longer had the votes to break a filibuster.

Roberts bent over backwards to make the penalties into taxes to make the bill Constitutional.  He did that because in 2012 it was clear that sending it back to Congress for a rewrite would mean the bill would be defeated.  Roberts' ruling prevented Congressional elections from having any consequences, and removed the consent of the governed from the bill.

Now Obamacare is the status quo, and it takes 60 Senate votes to get rid of it.  The suit asks the Supreme Court to do the right thing and send the bill back to Congress for a rewrite.  The WSJ EB says they won't, but the ruling will show the need for more originalist judges.