Support First Things by turning your adblocker off or by making a  donation. Thanks!

It appears that the Supremes have rewritten the law in order to uphold it.  They simply call a penalty a tax, even though it was expressly stated not to be a tax. Why?  Precisely for the reasons I predicted:


The Supreme Court has vastly expanded the power of the federal government since the 1930s. In so doing, the justices have often based their decisions as much on policy as on law—and then fashioned legal justifications to back up their decisions (which, in turn, become springboards for further federal expansion). Some call this phenomenon “judicial legislation,” but we won’t get into that here. Moreover, the justices generally come from what is sometimes called the “ruling class,”—people who graduated Yale, Harvard, Princeton, etc.—people who have faith in “experts” and technocratic solutions to societal problems. The rulings of the Court on controversial social and political issues often reflect the views of this subset of Americans more than those of the general population (not that the opinions of either should be relevant). While polls generally show a majority of Americans opposing Obamacare, the ruling class tends to support it.


With the above in mind, I believe the majority of the Supreme Court will rule that Obamacare’s purposes are laudable, that universal coverage is equitable and necessary for the country’s future, and that since the mandate is a necessary element of making the new law work, it is constitutional. That may sound like bootstrapping, but there it is.



Never doubt me.

That’s the ballgame folks.  Even if the Republicans win big in November, the law will not be repealed. The era of limited government is over. We are now a full fledged technocracy.

Dear Reader,

We launched the First Things 2023 Year-End Campaign to keep articles like the one you just read free of charge to everyone.

Measured in dollars and cents, this doesn't make sense. But consider who is able to read First Things: pastors and priests, college students and professors, young professionals and families. Last year, we had more than three million unique readers on firstthings.com.

Informing and inspiring these people is why First Things doesn't only think in terms of dollars and cents. And it's why we urgently need your year-end support.

Will you give today?

Make My Gift

Comments are visible to subscribers only. Log in or subscribe to join the conversation.

Tags

Loading...

Filter First Thoughts Posts

Related Articles