Most bothersome, though, is the fact that the Left doesn’t even bother pretending that the Constitution is more important than acts of progressive righteousness. We see it with left-wing groups openly pushing for more executive actions that directly circumvent legislative process. We see it with King v. Burwell, as well. Justice Roberts will have blood on his hands if he undermines progress – never mind the case. That this is the sort of reasoning that “might weigh heavily in the government’s strategy for winning” in the case is a depressing commentary on that government’s contempt for the court.
We’ve reached a point where liberals not only argue that empathy (well, selective empathy, as you might imagine) should play a leading role in legal decisions, but that the Court should avoiding disrupting any laws that are driven by progressive notions of compassion. You know, because of the “consequences.” And since progressives treat all their reforms as consecrated acts of charity, this would create a rather convenient legal environment for them.
But, of course, they don’t really want justices to use their own moral discretion. What if, for instance, a majority of justices believed that it was Obamacare that was the most disruptive force in the country today? What if they believed ridding America of the ACA would benefit most Americans? If the justices defused Obamacare, think of all the disrupting taxes and regulations they would be saving citizens from. What if justices reasoned that killing Obamacare was the most compassionate thing to do? Would the Left still argue that that they should worry about consequences – or would their position become “political”?
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