Thursday, June 28, 2012

How CJ Roberts Volleyed President Obama to Score Points Against Senator Obama

This was the news today.  (Oh boy!)

[Here is the Supreme Court's Full Decision]

But anyone understanding Politics (and policy), know that Karma was in play.  If this was a victory for President Obama, they need more victories like this.  A pyrrhic victory.

Battle of Asculum (279 BC)

Let's wind the clocks back to when President Obama was Senator Obama and Chief Justice Roberts was Judge Roberts:

And when it came down to the vote, here is how it occurred:

Seven years later, Chief Justice Roberts held the deciding vote on President Obama's chief piece of Legislation: Obamacare. 

How did it work out?  

(h/t Althouse and SCOTUS Blog for the next bits) 


Taxes have never been popular, see, e.g., Stamp Act of 1765, and in part for that reason, the Constitution requires tax increases to originate in the House of Representatives. See Art. I, §7, cl. 1. That is to say, they must originate in the legislative body most accountable to the people, where legislators must weigh the need for the tax against the terrible price they might pay at their next election, which is never more than two years off. The Federalist No. 58 “defend[ed] the decision to give the origination power to the House on the ground that the Chamber that is more accountable to the people should have the primary role in raising revenue.” United States v. Munoz-Flores, 495 U. S. 385, 395 (1990) . We have no doubt that Congress knew precisely what it was doing when it rejected an earlier version of this legislation that imposed a tax instead of a requirement-with-penalty. See Affordable Health Care for America Act, H. R. 3962, 111th Cong., 1st Sess., §501 (2009); America’s Healthy Future Act of 2009, S. 1796, 111th Cong., 1st Sess., §1301. Imposing a tax through judicial legislation inverts the constitutional scheme, and places the power to tax in the branch of government least accountable to the citizenry.

 (Althouse with Court's dissent)

How does Karma fit in? How was this a Pyrrhic victory?

CJ Roberts sided with the Liberal judges on this vote, but by doing so threw it back to Congress, spacifically the House of Representatives, actually the House Ways and means Committee.  

No matter how the POTUS campaign goes, the House is not flipping.  Thus, the wasted victory.  if the Senate flips too, there goes the Tax and Obamacare.  

If President Obama loses to Governor Romney, the tax and Obamacare loses in the next cycle.  

Maybe Senator Obama should have voted for Justice Roberts for the Supreme Court. President Obama would not have trouble for his re-election.  Karma comes when you least expect it. 

My question: Who won and why?

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