Friday, June 29, 2012

Sour Grapes.

...Why did he do it? (click title to entry - thank you) Because he carries two identities. Jurisprudentially, he is a constitutional conservative. Institutionally, he is chief justice and sees himself as uniquely entrusted with the custodianship of the court’s legitimacy, reputation and stature....


The Political Right Wing derives its' identity from the past, the decisions regarding the individual began with the Burger Court. Previous to the Burger Court there was little recognition of how a minority as small as one citizen mattered to the outcomes of the laws of the USA. 


The Right Wing likes to use labels to simplify their ranting and call this liberalism. The USA Framers were individuals, they were few compared to the number of House and Senate members today, but, they carved out an understanding of the rights of individuals from their first words in Amendment One.


The Affordable Care Act recognizes the rights of individual citizens to hold their health in esteem and receive assurances they can protect their own lives. That is the greatest right of any citizen in the USA. The act is complicated because health care is complicated. There are numerous checks and balances throughout the Affordable Care Act. It seeks to understand the health care needs of the individual in this country. It has many panels charged with the task of reviewing records of life and death while improving on the outcomes of all diagnosis and diagnostics. The Affordable Care Act is incredibly important to the vitality of this country and to that end the five Justices wrote an opinion to support the new law while honing its rough edges.


The practice of law is as much an art as a science, if not more of an art than a science. The semantics of language was obviously not important when, in the opinion, of the Political Right Wing, the word 'fee' was not a tax when listed on a form used by the USA IRS to collect taxes since 1861 Sixteenth Amendment.


There was nothing political about the opinion by the five justices of the Supreme Court, there was deep political reasoning in the decent. Justice Roberts has backed the law because the brevity not to was staggering. In the opinion of the Political Right Wing the wellness of citizens and the lack of health insurance by more than 10% of the population was ludicrous and continues to be so. 


The responsibility of the USA Constitution is to uphold the sovereignty of the USA. Well, hell, if health of the citizens and the vitality of the nation isn't a sovereign issue don't ask me what is. The responsibility of the Supreme Court is to uphold the depth of the USA Constitution and its brevity to the citizens of the USA. In a day when there exists an overtly hostile Plutocracy in the USA intent on carving out every advantage to it's bottom line the citizen has to be placed as a center piece to the laws of this country in order to have them survive.


Everyone wants to dance the political hoedown when in fact the so called Liberals carved out huge reliance on capitalism in their majority decision. The majority opinion ruled to uphold an individual mandate which the insurance industry dearly loves and strike down the requirement to expand Medicaid which the insurance industry despised from the beginning. The audacity to think this majority hasn't improved the bottom line of capitalism in the USA is a desperate political agenda.


The idea the Supreme Court has to hold a political loyalty to a Right Wing out of control of their own moral compass is ridiculous above all else. God forbid the Supreme Court should do the right thing as if the original framers never demanded the same from them. The decision to uphold The Affordable Care was morally correct as well as correct in honoring the original document from the beginning of the nation. 


I haven't read the analysis which states, three ladies on the court has definite impact on the integrity of our nation as well as our Constitution. This session has been a blow to the macho persona of the court. It shows in most all the decisions since this session began. The change is refreshing and welcome.