Bad news from Politico columnist: Our Supreme Court has lost its honor

posted at 8:05 pm on June 27, 2012 by Allahpundit

Just a little preemptive strike from the left on the eve of the big announcement. If the mandate goes, you’ll be slogging through concern-troll sewage like this for the next week. Might as well put your hip-waders on now.

This is the same guy, by the way, who once dismissed scientific polling as tantamount to “magic.”

For much of modern times, the court has been seen as being above politics. This was very important as a balance to its vast power. Even though justices were appointed by political presidents and approved by political senators, their own politics was to be suppressed.

We realized they were human beings with political opinions, but we expected them to put those opinions aside.

And then came 2000 and the court’s 5-4 decision that made George W. Bush the president of the United States…

The signature of the Roberts Court, Toobin wrote, has been its eagerness to overturn the work of legislatures. This is hardly conservative doctrine but today, politics trumps even ideology. In Citizens United v. Federal Election Commission, the court “gutted the McCain-Feingold campaign-finance law” which amounted to “a boon for Republicans.”…

At this writing, I do not know how a majority of the justices will rule on Obama’s health care plan, which was passed into law by Congress. Two branches of government have spoken, but their speech is but a whisper compared with the shout of our high court.

The die was cast in 2000. And it would take the most dewy-eyed of optimists to expect the court’s decision to be anything other than political.

Er, no, it’s not the “signature” of the Roberts Court to overturn the work of legislatures, although you’ll hear that repeated ad nauseam in the din of whining if things don’t go the left’s way tomorrow. On the contrary, as of 2010, the Roberts Court was less likely to overturn statutes and precedents than any Court over the past 50 years. And as Jonathan Adler notes, in some high-profile cases where the Court has struck down laws recently, they’ve done so by siding with the left’s position. (Boumediene is the most obvious example.) The reason Simon’s under the impression that they’re cutting a swath through the U.S. Code is because the left has decided that the Citizens United ruling is the font of all political evil and because they’re now staring into the abyss of seeing their biggest progressive “achievement” in decades tossed thanks to the constitutional novelty that is the mandate. Come to think of it, the Court did engage in a bit of “activism” lately by tossing most of the new Arizona immigration law, and yet that’s not mentioned in Simon’s elegy for statutes cruelly and dishonorably culled by an overreaching Court. How come?

Also, is it true that “For much of modern times, the court has been seen as being above politics”? I recall plenty of pants-wetting about politicization in the mid- to late 90s when the Rehnquist Court made a brief feint towards limiting Congress’s Commerce power before seemingly forgetting all about it. And although it was before my time, I know that many conservatives thought the Warren Court was hewing to a political line in its decisions more often than not. My hunch is that the Court tends to be seen as “above politics” when it has a few heterodox members in the Kennedy mold who aren’t always predictable along ideological lines. You saw some of that with the Burger Court and the early Rehnquist Court as liberal dinosaurs like Brennan and Marshall clashed with conservatives like Rehnquist and Scalia while more centrist justices like Powell and Stewart broke the stalemate. When you’ve got a Court with a stable, fairly ideologically solid majority, you’re going to hear the “politicization” charge more often. When you don’t, you won’t. Which reminds me: When was the last time a Democratic appointee played the Kennedy swing-vote role on the Court by siding occasionally with conservatives? Run through the list of justices and you’ll find plenty of post-war examples of Republican appointees voting liberal — consistently so in the notorious cases of Brennan, Stevens, and Souter. Who’s the last Democratic justice who proved to be something more than an almost entirely predictable liberal-voting hack while on the Court? I think you have to go back to Byron White — a JFK appointee who landed on the Court 50 years ago. So much for “above politics.”

Speaking of predictable hacks, here’s Chris Matthews warming up his “is this a new Dred Scott?” routine for tomorrow, just in case. And Patches Kennedy is warning of some sort of tea-party apocalypse if the law is upheld, which is not untrue if you define “apocalypse” in terms of “massive voter turnout.” Exit quotation from Timothy Carney, weighing the consequences of left-wing epistemic closure: “The truth is we’ve entered an era where many liberal commentators are willing to dismiss any argument as illegitimate just because they don’t like it.” Click the image to watch.


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It Sure Isn’t The Archangel Gabriel Over The Obama White House

M2RB: The Doors

Cameo appearance by Bayam

Resist We Much on June 27, 2012 at 11:01 PM

There’s an idea. You folks that live in fireworks states should set some off tomorrow at dusk if the beast is slain tomorrow morning.

slickwillie2001 on June 27, 2012 at 10:20 PM

I admit that I am too antsy to wait til later tomorrow, let alone the 4th…

What (sad) state do you live in which prohibits fireworks? The only good accomplishment I can think of off the top of my head by Ventura was that he loosened our previously ridiculously overrestrictive fireworks laws…

Bizarro No. 1 on June 27, 2012 at 11:05 PM

.

You folks that live in fireworks states should set some off tomorrow at dusk if the beast is slain tomorrow morning.

slickwillie2001 on June 27, 2012 at 10:20 PM

“Don’t rejoice in his defeat you men, for though the world stood up and stopped the beast, the bitch that bore him is in heat again.”

-Bertoldt Brecht

It will be back because the lefties will never ever ever let it die.

Bishop on June 27, 2012 at 11:10 PM

.

You folks that live in fireworks states should set some off tomorrow at dusk if the beast is slain tomorrow morning.

slickwillie2001 on June 27, 2012 at 10:20 PM

“Don’t rejoice in his defeat you men, for though the world stood up and stopped the beast, the b1tch that bore him is in heat again.”

-Bertoldt Brecht

It will be back because the lefties will never ever ever let it die.

Bishop on June 27, 2012 at 11:10 PM

I’m in the midst of an argument with an FB friend who claims it’s Executive prerogative to ‘prioritise’ which laws to enforce (vis a vis immigration laws), and that environmental and financial laws aren’t always enforced.

I just can’t even believe he typed that. We’re not talking about everyone isn’t in compliance with every law at any given minute. We’re talking about a President who has loudly stated that a certain group of people will not be held responsible for their law breaking.

Unbelievable.

linlithgow on June 27, 2012 at 11:10 PM

Wow. Ace has really gone into hyper happy mode already.

Ace is the Anti-AP tonight.

B Man on June 27, 2012 at 11:12 PM

Here is a tea leaf for you –

SIX of the Supreme Court Justices are CATHOLIC.

Roberts, Alito, Scalia, Thomas, Kennedy, and Sotomayor

Say… I wonder what they think of Obama using ACA to force Catholic institutions to pay for contraceptives, sterilizations, and abortion drugs. 

bitsy on June 27, 2012 at 11:13 PM

I’m sorry if this has been covered but I can’t stay awake to read through 3 pages of comments, and this is REALLY IMPORTANT…this commerce clause flap is ridiculous on it’s face. Wickard v. Filburn was a typical successful FDR overreach. In attempting an anti-capitalist move to corner the international wheat market, the court ruled not on technical constitutionality, but upon ‘common (liberal) sense). They said that as long as the government (unconstitutionally) was providing subsidies, it was hardly surprising that they would require obedience of the subsidized. Nothing about the constitution was really involved.

If you ask me, Jimmy Carter was not even close to being the worst President ever. FDR was by far the worst President in history, followed by the soon-to-be-one-term Barack Hussein Obama, mmm, mmm, mmm.

MikeinPRCA on June 27, 2012 at 11:19 PM

Politico: Let’s simplify “honor” for most Liberals; any position/comment/outrage/lie/tears that achieve this end…which is power.

trl on June 27, 2012 at 11:19 PM

I wonder what happens to RBG if this thing goes down in flames? Is she replaced soon?

ted c on June 27, 2012 at 11:25 PM

slickwillie2001 on June 27, 2012 at 10:20 PM

.
What (sad) state do you live in which prohibits fireworks? The only good accomplishment I can think of off the top of my head by Ventura was that he loosened our previously ridiculously overrestrictive fireworks laws…

Bizarro No. 1 on June 27, 2012 at 11:05 PM

.
Pennsylvania. : (

listens2glenn on June 27, 2012 at 11:26 PM

Here is a tea leaf for you –

SIX of the Supreme Court Justices are CATHOLIC.

Roberts, Alito, Scalia, Thomas, Kennedy, and Sotomayor

Say… I wonder what they think of Obama using ACA to force Catholic institutions to pay for contraceptives, sterilizations, and abortion drugs.

bitsy

Sotomayor, like all liberals, carefully maintains a hierarchical list of minority identifiers, to play as trump cards in various situations. Unfortunately for your theory, although she may indeed be Catholic, that identity is near the bottom of the totem pole in the victimology ranking.

Sotomayor is, in order:

1. A Latina
2. A woman
3. A wise person
4. A wise female Latina woman
5. A progressive
6. A person with a law degree
7. An activist judge
…and finally…
8. Catholic.

Zombie on June 27, 2012 at 11:27 PM

Say… I wonder what they think of Obama using ACA to force Catholic institutions to pay for contraceptives, sterilizations, and abortion drugs.

bitsy

.
Sotomayor, like all liberals, carefully maintains a hierarchical list of minority identifiers, to play as trump cards in various situations. Unfortunately for your theory, although she may indeed be Catholic, that identity is near the bottom of the totem pole in the victimology ranking.

Zombie on June 27, 2012 at 11:27 PM

.
Excellent analogy.

But for extra credit: What are Nancy Pelosi’s “hierarchical list of minority identifiers”?

listens2glenn on June 27, 2012 at 11:32 PM

1. A Latina
2. A woman
3. A wise person
4. A wise female Latina woman
5. A progressive
6. A person with a law degree
7. An activist judge
…and finally…
8. Catholic.

Zombie on June 27, 2012 at 11:27 PM

Okay… You definitely have a good point there.

On the other hand, Latina and woman outrank progressive on your list. Latina women I know don’t like getting threatened or pushed around by less wise men. Obama’s 2010 state of the union and more recent bullying of the court probably didn’t sit well with her, regardless of her progressivism. Maybe… She will want to show she is not his lap dog.

Meh..I am probably grasping at straws, but there are still 5 other catholic justices even if you don’t count the wise one.

bitsy on June 27, 2012 at 11:48 PM

Uh..no. Roe vs. Wade and the murder of millions of American babies did that a long time ago.

Christian Conservative on June 28, 2012 at 12:02 AM

What’s “bad news” about this? We knew it was going to be said, to the letter. The media is only coming up with the narrative ahead of time.

If anything, we should be happy that they’re so terrified of the outcome.

Ryan Anthony on June 28, 2012 at 12:15 AM

If you ask me, Jimmy Carter was not even close to being the worst President ever. FDR was by far the worst President in history, followed by the soon-to-be-one-term Barack Hussein Obama, mmm, mmm, mmm.

MikeinPRCA on June 27, 2012 at 11:19 PM

Agree, FDR was the worst. Woodrow Wilson is also not fully recognized for being the evil SOB that he was, probably because of the passage of time and liberal historians.

slickwillie2001 on June 28, 2012 at 12:16 AM

Please, please, bring out the hump bot tomorrow if Obambicare is put down!!!

mechanical77 on June 28, 2012 at 12:19 AM

slickwillie2001 on June 27, 2012 at 10:20 PM

What (sad) state do you live in which prohibits fireworks? The only good accomplishment I can think of off the top of my head by Ventura was that he loosened our previously ridiculously overrestrictive fireworks laws…

Bizarro No. 1 on June 27, 2012 at 11:05 PM

Pennsylvania. :(

listens2glenn on June 27, 2012 at 11:26 PM

Georgia; fireworks aren’t totally prohibited, but you can’t buy the good stuff.

slickwillie2001 on June 28, 2012 at 12:19 AM

Here is a tea leaf for you –

SIX of the Supreme Court Justices are CATHOLIC.

Roberts, Alito, Scalia, Thomas, Kennedy, and Sotomayor

Say… I wonder what they think of Obama using ACA to force Catholic institutions to pay for contraceptives, sterilizations, and abortion drugs.

bitsy on June 27, 2012 at 11:13 PM

Yeah, so’s Pelosi. Doesn’t keep her from loving her quite a bit of what you described, and then some.

Midas on June 28, 2012 at 12:27 AM

There is no way kagon hasn’t squeeled to her boss – the pres!

Bambi on June 28, 2012 at 12:33 AM

Let’s try some logic, based on the well established basic principle that leftists are scum.
OK, here goes:

Leftists are scum. > A leftist almost certainly has leaked the decision to the White House. > The current group of demented teenagers occupying the White House could not possibly contain themselves if the decision had been in their favor.
There has been no pre-emptive celebration or “rubbing of the nation’s nose in it” regarding a win for them, ergo et cum spiri tu tu o, the mandate has been dumped.

Later this evening, the Ewoks will be raucously celebrating a victory over the Evil Emperor, the Evil Queen Lardassia and their Evil Brood of boobs, misfits and ne’er-do-wells.

justltl on June 28, 2012 at 12:38 AM

Yeah, so’s Pelosi. Doesn’t keep her from loving her quite a bit of what you described, and then some.

Midas on June 28, 2012 at 12:27 AM

True. Maybe I am hoping spending time with the rest of them has helped her grow a bit.

bitsy on June 28, 2012 at 12:39 AM

Georgia; fireworks aren’t totally prohibited, but you can’t buy the good stuff.

slickwillie2001 on June 28, 2012 at 12:19 AM

.
Oh, we can get the “sparklers” and “fountain stuff” here in PA.

When you say ‘fireworks’ to me, it implies self-propelled projectiles that detonate. As in “the good stuff”.

listens2glenn on June 28, 2012 at 12:40 AM

There is no way kagon hasn’t squeeled to her boss – the pres!

Bambi on June 28, 2012 at 12:33 AM

Heck, she probably spent the evenings of the oral argument week coaching Verilli and his team.

slickwillie2001 on June 28, 2012 at 12:40 AM

Good call, Bambi.
Kagan was precisely the one I had in mind as a leaker.

justltl on June 28, 2012 at 12:42 AM

As the Tigger (at least until tomorrow) to Allahpundit’s Eeyore, I say:

Obamacare is going down! 6-3. Commerce clause gets castrated as a bonus.

Good night.

bitsy on June 28, 2012 at 12:51 AM

well two years ago the liberals were saying of cours eits consitutional. then they said it would be upheld in the lower courts. When a federal jusge struck the entire law down did they say oh well? no they acted as if the judge didn’t matter. Now that they have run out of places to hide and the SCOTUS is going to make a ruling they are depressed bercause they KNEW ALL ALONG the law was unconsitutional on its face but figured they could implement enough of the law to ensure it wouldn’t be struck down. And they think it will be struck down because they know its unconsitutional. I have no idea what the court will do. Will they respect the founding of this country and the experiment of self rule or will they send us into the long death march of socialism writ large. nine men and woman control the fate of this nation. And I as a conservative have no idea what they will do. But the liberals know or think they do because in their hearts of hearts they know the law stands against everything this country was founded on. And if it is struck down they know they went a bridge too far and they will turn on Obama in a sec. this ruling could pave the way for a total retreat of the soccilist experment started by FDR. And a return to the dream of Washington and jefferson.

unseen on June 28, 2012 at 1:53 AM

justltl on June 28, 2012 at 12:42

Perhaps Kagan is getting a bit tired of being called “Obama’s lap dog and pet snitch”.
After all, there’s nothing that he can do to reward or punish her now that she’s a lifetime justice. Maybe she’ll discover an independent streak.

Yeah. I know. But…stranger things have happened……….

Solaratov on June 28, 2012 at 1:57 AM

unseen on June 28, 2012 at 1:53 AM

…good post!

KOOLAID2 on June 28, 2012 at 3:06 AM

So, the Roberts Court “lost its honor.”

Does that mean the Warren Court never had any honor?

BigAlSouth on June 28, 2012 at 6:07 AM

Expect the pen to be worn out as far as EX’s go and make up a fresh batch of popcorn.

mixplix on June 28, 2012 at 6:14 AM

I don’t get leftist. All they need to do is look at the current state of affairs in the EU to see where we are headed if we do not rid our country of socialist style programs.

But then again this is the same group that constantly told us what an idiot G.W.Bush was, only to contradict their childish premise with “W” being the evil mastermind behind everything outside of their crazed ideology found inside the coffee stained pages of their cherished communist manifesto.

kregg on June 28, 2012 at 6:46 AM

Expect MASSIVE HYSTERICAL WHINING from the politico and the other extreme leftist DNC propaganda outlets this afternoon.

Getting the popcorn ready.

Robert Jensen on June 28, 2012 at 7:27 AM

do libs ever stop. If this “seperate but equal” obamacare is upheld what would be the next thing they would trash?

They’ve trashed healthcare, the 2 parent family, social security, medicare, and done a number on churches. What would be left if obamacare goes through?

acyl72 on June 28, 2012 at 7:35 AM

What (sad) state do you live in which prohibits fireworks? The only good accomplishment I can think of off the top of my head by Ventura was that he loosened our previously ridiculously overrestrictive fireworks laws…

Bizarro No. 1 on June 27, 2012 at 11:05 PM

.
Pennsylvania. : (

listens2glenn on June 27, 2012 at 11:26 PM

Only portions of PA, son. They sell ‘em in grocery stores in this county, as well as having big tent-shops all around the area as it nears Independance day.

Siddhartha Vicious on June 28, 2012 at 7:36 AM

The signature of the Roberts Court, Toobin wrote, has been its eagerness to overturn the work of legislatures. This is hardly conservative doctrine but today, politics trumps even ideology.

This guy has no idea what conservative doctrine is.

Red Cloud on June 28, 2012 at 7:51 AM

Uh..no. Roe vs. Wade and the murder of millions of American babies did that a long time ago.

THIS. Thank you.

mrsknightley on June 28, 2012 at 8:36 AM

And then came 2000 and the court’s 5-4 decision that made George W. Bush the president of the United States…

What, would it have been better for the country if the court had voted 5-4 to make Gore President? I’m sick of 20% of this country ruling the 80% just because the media are left wing activists and the majority of voters are disengaged sheep. Perhaps when we’ve all suffered enough, we’ll pull our collective heads out of our collective backsides.

cajunpatriot on June 28, 2012 at 8:44 AM

This administratin has seized ‘make believe’ power/authority since day 1 and has made it Standard Operating procedure, as if some dictatorial regime, to decide what laws, passed by democratically elected Congresses, to uphold and defend and which ones to completely abandon as his agenda dictates. Completely ignoring his Oath of office, the constitution, and any consideration of/for the Supreme Court, Obama has 1) Made the personal decision to ignore the Defense of Marriage Act, 2) Ignore the existing Federal Laws and the execution of those laws regarding Illegal Immigration, 3) took it upon himself to award Illegals with ‘Rights’ American citizens don’t even have – directing the DOJ/Homeland Security to ignore Illegals who have committed crimes below the level of a FELONY (no arresting/detaining/charging/sentencing/jailing/ & especially deporting), and even struck down the partisan-passed Palestenian Accountability Act preventing any US $$$ from going to the PLA & HAMAS, who call for Israel’s Destruction, & immediately called for $192 Million to be given to them. the man is a self-made mini-dictatator who ess his oath of office and the Constitution as menu from which he can pick and choose what he wants. Yet Liberals are trying to switch reality around and accuse the S.C. of this?!

Will the last American out please bring the flag?!

easyt65 on June 28, 2012 at 8:47 AM

Bad news from Politico columnist: Our Supreme Court has lost its honor

The Chief Justice has, for sure.

applebutter on June 28, 2012 at 10:30 AM

Not to mention that the Left’s great hero, FDR, expanded the court PRECISELY to force through his political agenda. I find myself shocked Oprompta hasn’t attempted something fo the same sort when he had the complete plurality in both houses of Congress.

http://en.wikipedia.org/wiki/Judicial_Procedures_Reform_Bill_of_1937

PJ Emeritus on June 28, 2012 at 10:33 AM

Apple, you took the words out of my mouth. The Dems said it was NOT a tax and Roberts says it is. This is not a tax at all – it’s a requirement to buy a product with a penalty if you don’t. There is no tax involved. This will prolong the recession because small business will not want to hire more employees.

Incredulous1 on June 28, 2012 at 10:35 AM

Sure did.

talkingpoints on June 28, 2012 at 10:49 AM

To the Voting Booth!
Posted by William A. Jacobson Thursday, June 28, 2012 at 10:27am

“Was it over when Harry Reid pushed Obamacare through at Christmas time in December 2009?
Not when voters took to the voting booth and elected Scott Brown.

Was it over when Nancy Pelosi and House Democrats were forced to accept the Senate version so that reconciliation could be used, as she marched to the Capitol with large gavel in hand?
Not when the nation rose up and threw the Democrats out of power in the House in 2010.

Is it over now that the Supreme Court has upheld the mandate on the basis of a taxing power which Democrats expressly disavowed while passing Obamacare?
Not unless we allow Barack Obama to be reelected and the Democrats to hold the Senate.

You know what you have to do.”

TeaPartyNation on June 28, 2012 at 12:01 PM

Toobin is a lying, deceiving tool.

Pay attention, TOOL!!!

Each of the lower courts in FL ruled against Gore.

After the initial admonishment by SCOTUS, which sent the case back down to the FL SC, the final FL SC vote was 5-4. THAT is the 5-4 decision that should be infamous.

SCOTUS voted 7-2 that the FL SC decision was unconstitutional, but 2 of the 7 wanted extra time for a do-over.

So in a separate decision, 5 of the 9 said no time for a do-over – the national election decision can’t be dragged out by incompetent FL system. The SCOTUS 5-4 decision was a TIMELINESS decision, not a constitutional decision.

The SCOTUS constitutional decision was 7-2, TOOL!!!

fred5678 on June 28, 2012 at 12:36 PM

Judas Iscariot, Benedict Arnold, Chief Justice John Roberts.

FireBlogger on June 28, 2012 at 12:42 PM

We do have a politicized court. But Roberts did not give into politics but bullying. He acted out of FEAR. Roberts is a small man.

aigle on June 28, 2012 at 1:03 PM

The signature of the Roberts Court, Toobin wrote, has been its eagerness to overturn the work of legislatures. This is hardly conservative doctrine but today, politics trumps even ideology.

This guy has no idea what conservative doctrine is.

Red Cloud on June 28, 2012 at 7:51 AM

Toobin is a schmuck.

DevilsPrinciple on June 28, 2012 at 1:19 PM

Toobin was right, the court has, now, lost its honor.

Siddhartha Vicious on June 28, 2012 at 8:26 PM

I wonder if another thing Roberts did (calling it a tax) was eliminate the 60 vote requirement – I believe taxes are one area where a simple majority is all that is required. If not, we can run it through Reconciliation, which was how Harry Reid got past Scott Brown’s election to begin with?

golfer1 on June 29, 2012 at 8:31 AM

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