Monday, July 2, 2012

Justice Ginsburg's response to Roberts' ruling on the Affordable Care Act

Ginsburg's official portrait.
Thanks to Taylor Marsh for calling our attention to Justice Ruth Bader Ginsburg's opinion in response to Chief Justice John Roberts' recent ruling on the Affordable Care Act. Marsh pays tribute to Justice Ginsburg prior to posting the text of her incisive opinion:

THE GREATEST FEMALE Justice of the Supreme Court in U.S. history, likely for all time, not only reveals her mental might, but forever puts to rest why Justice Sandra Day O’Connor will be forever disgraced for her part in Bush v. Gore.

As someone who found the mandate smacking up against my libertarian streak, the great Ginsburg schools me on Libertarianism’s stinginess, while reminding me why I’ve never been a libertarian.  That where all are impacted, we all must participate.  Lacking eloquence, that’s the nucleus of it for me and also why I was once a hyper-partisan Democrat, long before neoliberals and Blue Dogs ruled Democratic policy prescriptions and politics.

The politics of Chief Justice Roberts is woven throughout his majority opinion, as I’ve already written, though it doesn’t make it any less brilliant a move.  Roberts toyed with Pres. Obama like a rat does cheese before devouring, the lip-smacking finish to be seen in years and decades to come. Because in handing Obama what cable yakkers are calling a “win,” Roberts dislodged and elevated his own reputation from and above that of the disgraced Chief Justice Rehnquist and his Court, simultaneously succeeding in preserving options of action through conservatism that will inevitably harm the American majority.

Chief Justice Roberts also kept the elite private insurance industry and Big Pharma in charge, aiding Pres. Obama’s goal and that of Democrats, neither of whom had the tenacity to do what’s required so that health care wouldn’t become a political football, with taxes the tool that both sides today utilize to make villains out of leaders.

The liberal giant Justice Ruth Bader Ginsburg’s opinion renders Chief Justice Roberts to the political player he is, through the machinations of her great thinking mind. 


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