Saturday, June 30, 2012

Roberts Does Sandy Day

It's difficult to imagine a sillier Supreme Court decision than John Roberts' opinion that the individual mandate is not a tax, so that the anti-injunction act is not invoked, but fits nicely into Article I Section 8 as part of the Congress's power to tax.

The power to tax what?  A decision NOT to buy something?  After all, that's clearly a penalty, and the Court's entire history on the subject of penalties denies that.

There are only two opinions in US history that rival this decision for lack of judgement, and the first is actually two decisions: Sandy Day's two announced on the same day on affirmative action in the Michigan Law School and Michigan undergraduate admissions programs.  One, she said -- swinging her blonde head to her right shoulder -- was UNconstitutional, and the other -- bouncing her golden locks off her left shoulder -- was NOT.

The only other decision that rivals John Roberts' Folly was Roger Tanney's decision known as Dred Scott

You probably remember the difficulties that caused.