Decision 2012: Dom Giordano

by Dom Giordano - 07-02-12 -

What happens to many conservative Supreme Court justices but not to their liberal counterparts? They get worn down by Washington and wanting to be loved or respected they move toward the middle. I think this happened to Chief Justice John Roberts and that it was a driving reason that got him to twist himself into a legal pretzel and find Obamacare constitutional. He bought the liberal argument that he had to be a statesman and uphold the President's signature piece of legislation in order to maintain the reputation of the Roberts' Court.

Liberals don't get bogged down with these niceties. The four liberals who upheld Obamacare saw essentially an untrammeled power for Congress to regulate our lives. I think if the vote were held twenty years from now they would still be in lockstep.

The unintended consequence of all this though is that it helps Romney. In a presidential election in which parties see their principal goal be to turn out their respective bases on election day, this energizes the Tea Party and other conservatives. i could feel the anger and resolve in my callers and listeners when I announced the decision on my show. This election is our last chance to stop this anti freedom, job killing bill.

It's not only the presidential race and electing Romney to stop this that is important but also electing a majority to the Senate is key. Because Justice Roberts declared this a tax, the Senate can stop it with a simple majority vote. The filibuster rule does not apply to this big tax bill.