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The Supremes

July 10, 2012

I have a deep belief in our system of government and our constitution.  I have always been comforted in times of anxiety (Jimmy Carter, now) by the fact that the Supreme Court was there to rise above the bray of government hounds and the inability of the elected to control themselves.  The Supreme Court was not elected, they could not be fired, impeached (maybe they can, but it would be harder to accomplish than passing a new amendment to the constitution) or intimidated by the most current politicians.  They were the ultimate say in what could and could not be done.

Note the above is in the past tense.

The most recent decision by the Supreme Court spells the possible end of the noble position the court holds in our country.  It isn’t that I don’t like the decision, although I don’t.  I am old enough to know that everything doesn’t go my way. It is the way the decision was seemingly made for the wrong reasons.  This spells trouble.

Obama went after the court just after they had heard the arguments regarding the health care law.  The press went after the courts in the following weeks.  They went after them hard.

Fortunately this is why the Supremes are appointed for life, so they aren’t affected by any single politician, agenda or press.  They are there to rule in the constitutionality of the situation, nothing more.  They are, by design, immune to external pressures in order to protect the constitution.

Except it didn’t work this time.  By all evidence available, Chief Justice Roberts fell to the pressure and left the rails.  He didn’t even try to hide under sophisticated verbiage and legal vomit, his ruling was clumsy, poorly written and his position was almost silly.  Rather than strike down or rule for the law, he decided to change it to make it fit.

We are in uncharted water here folks.

My faith in the Supreme Court has been damaged.  I keep hoping that something will be discovered that will make the Roberts ruling smart, strategic, have a deeper meaning and affect that will make it all ok again.  I haven’t given up.

So I wait.  And hope.

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