The Worst Ruling Since Dred Scott
Last week Chief Justice John Roberts blatantly ignored the Constitution and the law and purposefully rewrote Obamacare in order to rule it legal. He called Obamacare a “tax” instead of an individual mandate; he then proceeded to blithely expand the government’s power to tax to encompass a tax on breathing, which is what Obamacare is.
Now I had warned conservatives years ago that Roberts was a rotten pick for the Supreme Court. “Roberts is not an originalist,” I wrote in 2005. “There is nothing in his very short jurisprudential record to indicate that his judicial philosophy involves strict fidelity to the original meaning of the Constitution.”
Nonetheless, Roberts’ decision was stunning.
It was stunning because the Obamacare decision represented the greatest single judicial limitation on American liberty since Dred Scott v. Sandford (1857), in which the Supreme Court ruled that under the Constitution, blacks were not human beings. Dred Scott is the judicial benchmark for evil decisions, and far surpasses the Obamacare decision in its legal flaws and moral emptiness. And there are many other evil and disgusting Supreme Court decisions that threatened American liberty: Plessy v. Ferguson (1896), allowing states to segregate by race; Buck v. Bell (1927), allowing states to forcibly sterilize the mentally retarded; Korematsu v. United States (1944), allowing the federal government to order Japanese Americans into internment camps based on the need to prevent espionage.
All of these decisions were wrong, both legally and morally. But Obamacare surpasses all but Dred Scott in its violation of profound foundational American principles.
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