In today’s landmark decision, Chief Justice Roberts’s majority opinion was badly wrong from a constitutional standpoint. The vast majority of Americans think that the PPACA is horrible legislation and terrible policy.
That isn’t why I’m arguing that Chief Justice Roberts got it wrong. Instead, I’m arguing that Chief Justice Roberts got it wrong because he’s essentially ruled that the courts have the right to rewrite the legislation.
In the original draft of the legislation, there was a specific section of the legislation that dealt specifically with taxes. It’s absurd to think that the Chief Justice of the Supreme Court can simply rewrite legislation.
That’s what Chief Justice Roberts did. Congress didn’t include the mandate in the section on taxes. People remember President Obama’s interview with George Stephanopoulos where President Obama repeatedly insisted that the mandate wasn’t a tax. Only when it got into the courts did they start calling it a tax.
Chief Justice Roberts might make many wonderful rulings during his time as Chief Justice but his legacy will be sullied by this ruling. He didn’t just call balls and strikes this time. Instead, he appropriated for himself the authority to rewrite the PPACA.
That’s what activists do. Judicial historians will note that.
Most importantly, the American people will be repulsed by the decision, mostly because it kept intact legislation that hurts the American people.
Aside for the activist aspects of this ruling, the reality is that this ruling gives employers another major reason to not hire. It gives small businesses with 40-45 employees justification not to hire that fiftieth employee.
There are two bits of good news despite this ruling. One tidbit of good news is that other cases are working their way through the system. The other tidbit of good news is that this will motivate voters to defeat the people that initially gave us this job-killing monstrosity.
There’s no question that President Obama will get a temporary surge after this ruling. There’s no question, though, that this is a net negative for President Obama because he’s got to defend this terrible legislation the next 4 months.