I’ve read Jeffrey Tooban’s The Nine and learned more about the Supreme Court and the way it works now than any other Supreme Court book I’ve ever read. Now, Jeffrey Tooban is back with a behind-the-scenes account of how the Supreme Court approved ObamaCare.
I was shocked when I heard Chief Justice John Roberts voted with the four liberals on the Supreme Court to rule the Affordable Healthcare Law constitutional. And Toobin reports John Roberts initially was against it. But the story of how the Chief Justice not only changed his vote but devised a clever justification for the law is the stuff of legend. Toobin projects the dynamics of the Supreme Court to upcoming court cases: abortion, immigration, gay marriage, etc. Fascinating and scary! GRADE: A
I figured that Roberts was determined to find Obamacare constitutional (everytime you say that phrase, an angel gets its wings) not for any overriding legal reasons, but as a giant f***-you to Antonin Scalia. Whether that’s true or not, I can almost (note the “almost”) forgive Roberts for everything from the Citizens United decision to the appalling behavior of his children on the day his nomination was announced because I can now be sure my learning-disabled daughter will be able to keep my coverage until she’s 26 and then be able to obtain her own coverage despite a “pre-existing condition.”
/Dismounting soapbox now.
Toobin is convinced that Chief Justice John Roberts is playing a very deep game with his vote switch on ObamaCare, Deb. Toobin’s theory is that Roberts “inoculated” the Supreme Court from charges of “politicalization” by casting his vote with the liberals. After BUSH V. GORE (a clear political move), and CITIZENS UNITED (another example of pure politics), Roberts was worried that if the Supreme Court voted down the will of Congress and the President, the Court would be the target of the Presidential Campaign. Toobin portrays John Roberts as a very very smart cookie.
I keep hearing the argument it had something to do with the commerce act. Shrewd maybe I truly don’t believe any conservative is really smart. THE NINE has been sitting on my TBR pile for years. Truthfully I am afraid to read it.
Patti, you should read THE NINE before the cast of characters change. Roberts cleverly envoked the commerce clause to make his argument. I really enjoyed reading how today’s Supreme Court operates in THE OATH. Phil would love this book, too!
I don’t suppose there is any chance Nino will retire and take Clarence with him?
Given her health issues, I’m guessing Ruth Bader Ginsburg will be the next Justice leaving the Supreme Court, Jeff. Toobin opened my eyes about the role of Clarence Thomas on the Court. Very scary!
Clarence Thomas–or as he is known in our house, Scalia’s hand puppet.
That’s what I thought, Deb. But Toobin marshalls some strong arguments that Clarence Thomas is a bigger force on the Supreme Court than we’ve been led to believe!
It just pisses me off that the one body which was intended to remain politics free is controlled, for the most part, by partisan politics. Just rule on the law based on the body of law, not the effing politicians and their lobbyists! Yeah, dream on, Rick.
If Obama gets lucky during his Second Term, he might be able to change the balance of power on the Supreme Court, Rick.
Well, only if a conservative justice retires. If RBG retires (as her health issues indicate she probably will) and Obama is re-elected, she’ll be replaced by another liberal judge. Oh well, only the future will tell.
Chief Justice John Roberts has health issues, Deb. And Antonin Scalia needs to have his blood pressure checked.