June 29, 2012
Obamacare and the 5-4 illegitimacy of liberal pundits.
It seems only yesterday that liberal pundits and politicians were proclaiming that a bitterly divided 5-4 decision on the constitutionality of Obamacare would deny the Supreme Court "legitimacy."
Maybe that's because it was as late as yesterday that liberals were making this argument. That is until a little after 10 AM, when a bitterly divided 5-4 Court barely voted to uphold Obamacare -- or as it now should be known given the majority's seriously flawed reasoning, Obamatax. Suddenly, a slim majority didn't matter at all, as the Court was once again a wise tribunal.
"If they decide this by 5-4," Yale Law Professor Akhil Reed Amar told the Washington Post's liberal blogger Ezra Klein last week, "then yes, it's disheartening to me, because my life was a fraud. Here I was, in my silly little office, thinking law mattered, and it really didn't."
According to the plain language of Amar's quote, any 5-4 outcome should have rendered his life "a fraud" and mean that law didn't "matter." Yet, mysteriously no such press release has been released by his office.
Or take (please take!) the Daily Beast's Michael Tomasky, who is infamous for decrying what he called Americans' "freedom fetish" and praising New York City Michael Bloomberg's soda size ban. In a June 21 post entitled "America's Robed Radicals," he wrote of the Roberts Court, "The express point has been to radically remake society, without a hoot of concern about whether it was being done by five or seven or nine."
But suddenly when Roberts vindicated a law he favored, it was Tomasky who had not a "hoot of concern" about whether it was "five or seven or nine." Now, it was all about who won the ballgame, no matter what the score was. "The bottom line is the bottom line," he proclaimed a few hours after the decision. "Now [Obamacare] has teeth, and standing, and the presumption that America should give it a chance to work."