Is Justice Roberts a Friend to Health Care? – Tom Rossi

Writers, pundits, television reporters, everyone in any kind of media, even those thought of as “liberal,” have all taken Justice John Roberts’ apparent break from the conservative cabal on the Supreme Court at face value. I’m shocked at the lack of conspiracy theories on this and, frankly, I’m bored.

The term “conspiracy theory” is used to instantly discredit an idea by ridiculing it as crackpot-ish. America is in love with the image of the lone, crazed individual, just like it’s in love with rugged individualism.

Fiction, not reality!

And we would love to think that Justice Roberts somehow and suddenly saw the light of reason, that he realized the importance of health care availability or, as Robert Reich said, the importance of the court’s public image. But Citizens United and Justice Alito’s subsequent mouthed denial of any reversal of precedent (at President Obama’s State of the Union Address) make those explanations seem unlikely.

There has been plenty of evidence that Justice Roberts and the other, even more hard-line right-wing ideologues on the Supreme Court bench have taken their marching orders from conservative strategists. In the Citizens United decision, the conservative members of the court took the opportunity to form a new doctrine that far overreached the case that had been presented to it.

Let me be clear about Citizens United and the Supreme Court – the aggravating thing wasn’t so much that the court found for what I or “liberals” would consider the “wrong side.” It was that the conservative wing of the court took a very narrow case with specific issues, and generalized the ruling in an expansive and even illogical way. It was as if they were called upon to rule on whether a runner had beaten the throw to first base and was therefore safe, but they also ruled that umpires could fly kites during the game and that the fans could wear blue on Tuesdays but not Wednesdays.

There is really no explanation for this other than that these justices were granting an unpublished (but obvious) corporate “wish list.” And even though I’ve semi-conflated “conservatives” and corporations, this, along with the outrage of everyday, non-super-wealthy conservatives, showed exactly who or what was being served.

This leads me to wonder about this mysterious decision on so-called “Obamacare.” Could this have been a strategy by conservatives? Could this have been an attempt to tip the scales in favor of Mitt Romney and other conservatives (who all vow to eliminate Obamacare) running for congress in November, 2012?

The following method is somewhat teleological, but let’s try to figure out how such a strategy would best be implemented in this case. It wouldn’t be shrewd to have all the conservative justices side with the legitimacy of Obamacare, that would give it real credibility. Much better to have one wildcat, one rogue justice who split, leaving conservatives in their cherished victim role.

And, in fact, it was Justice Roberts who was to write the majority opinion for this case. How different might it have been if Justice Sotomayor had written it? Or Justice Breyer? Roberts allowed the central principle of Obamacare to stand, the individual mandate, by calling it that dirtiest of words… a tax. In fact, he implied that it was a tax used as a punishment.

Within minutes, the Republicans, Senators, Representatives, governors, and the rare Republican bathroom attendants were crying: “Tax!” “Tax on the middle class!” I can’t say if this was prepared before-hand, or if it was deliberately orchestrated, but it was like the freakin’ Mormon Tabernacle Choir – perfect unison.

I don’t know what really happened inside or outside Justice Roberts’ round little head, but given what he and his court have done so far – followed an astonishingly blatant, conservative activist agenda while decimating the rule of law, I’m suspicious.

-Tom Rossi

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Tom Rossi is a commentator on politics and social issues. He is a Ph.D. student in International Sustainable Development, concentrating in natural resource and economic policy. Tom greatly enjoys a hearty debate, especially over a hearty pint of Guinness.

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Great News Day

Great news today out of Washington DC: We are hearing first reports of a marathon meeting between republicans and democrats. They agreed on 10 points:

1)    Democrats agreed not to raise taxes while republicans promised that everyone would pay taxes proportional to their income – no tax shelters, no acceptance of ways to ‘save’ on taxes. The additional funds raised will pay for the following:

2)    Cars which do not run on alternative energy or hybrid consumption will cease to be produced in the US as of the end of this year and cease to be imported by the end of 2012.

3)    Non-organic produce will be taxed to pay for all toxic waste disposals. This cost will be shared between consumer and farmer.

4)    Every child in America will receive a personal laptop on entering elementary school. This laptop will have wireless capacity and come packed with educational and fun games as well as e-book capacity.

5)    Teachers will receive salary increases to a mid level company managerial equivalent, along with bonuses for working in low-income areas.

6)    Every young person who finishes high school with university grades will receive financial credits that will cover their tuition at a state university.

7)    Each freshman will receive a hand-held tablet with a yearly credit to buy academic books in electronic form.

8)    Personal finance will be taught in high school, including budgeting, the dangers of credit card abuse, and long-term saving benefits.

9)   America will no longer finance or do business with countries where basic human rights are not observed. These rights include no institutional discrimination based on gender, religion, race, or sexual orientation.

10) Every US citizen will have access to medical treatment without fear of bankrupcy. Every US war vet will have full access to psychological help.

This program will come into effect on April 1st, a day that will hereafter be celebrated as April Future Day. Anyone who objects to the aforementioned may continue to celebrate April Fools Day. These people will not be discriminated against, merely pitied.

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Alon Shalev is the author of The Accidental Activist (now available on Kindle) and A Gardener’s Tale. He is the Executive Director of the San Francisco Hillel Foundation, a non-profit that provides spiritual and social justice opportunities to Jewish students in the Bay Area. More on Alon Shalev at http://www.alonshalev.com/ and on Twitter (#alonshalevsf).