The Supreme Court has upheld Obamacare for a second time. Its first decision came in 2012. In the recent case chief justice John Roberts, a George W. Bush appointee, joined Anthony Kennedy, a Reagan appointee, and the 4 liberals on the court, to uphold the law 6-3.
The court also upheld gay marriage 5-4, with Kennedy siding with the liberals.
Without getting into details this is good time to look at how the Supreme Court is working. In short, it is functioning like much of our society. The Republican-appointed justices often side with liberals, but liberals rarely if ever go the other way. This is much the way the Republican party itself operates. It has factions that agree with Democrats yet Democrats never, ever agree with conservatives and Republicans.
In the case of the Supreme Court this happens because court justices ideally are supposed to consider the law rather than just their own political persuasion. As Roberts once said, a good justice is supposed to call “balls and strikes, not decide the outcome of the game”.
And thus conservative-leaning justices, who are well-schooled in the Constitution, have sometimes considered the law and ruled liberal, while liberals never do the reverse. Liberals often use the courts to decide the outcome of the game.
If the Democrat appointees considered just the law, things would even out. But they never do; they virtually always vote politically. And so we conservatives end up with the short end of the stick. It has been a disaster for our cause and for our country. Period. End of story.
We have four examples of how this works. Roberts has voted for Obamacare twice. Anthony Kennedy has been a Supreme Court “swing vote” for decades. David Souter, the George HW Bush appointee, turned out to be a liberal who was not properly vetted before being nominated. Sandra Day O’Connor, the Reagan appointee, ended up voting liberal often.
This unfortunately reflects the way that our whole nation has been operated for decades. Liberals have used the courts to get what they cannot get through the ballot box, but conservatives do not do that. Again, this is a weapon used against us.