By: Garry L. Hamilton
I’m doing my best not to speculate too much on this.
Ever played Bridge?
You bid the hand in such a way that certain things are communicated to your partner, and then you trust that your partner will understand the bidding and play correctly. During play, you play your cards both in response to what the opposition plays and in such a way as to take advantage of your partner’s position.
Bridge is a complex game with a significant trust component.
I believe Roberts is playing Bridge here.
I’m guessing (yeah, I said I’m trying not to speculate) that his reading of the liberal justices was such that if he sided with the manifest majority, and struck down only the funding vehicle, the law would survive and be shored up through other, more devious measures.
By correctly classifying the funding vehicle as a tax, he has played a card that exposes the liberal reality and invites a response from Congress as well as the electorate.
By acknowledging that the *electorate* is responsible for its political choices and therefore its politicians and therefore, ultimately, its laws, and by making it clear that bad law and bad policy may not, in fact, violate the Constitution, since the Constitution was not written with the explicit injunction that “legislators may not write stupid laws,” he plays the card that clarifies the path to eliminating not only the heinous Health Care Sabotage machine, but also the fools and crooks who gave it to us.
Roberts is looking across the table at us now.
He has to trust that the electorate and Congress will look at the cards and play correctly to win the hand and ultimately the game. He can’t signal us with a kick under the table or tap out a strategy with his pen or convey in any fashion what he meant by his play.
Play now moves to us.
He has given us clarity: Obama lies, taxes rise. Repeat that loudly.
He has stated the uncomfortable truth: SCOTUS can’t save you if you insist on voting in stupid legislators and evil presidents; your salvation lies entirely within your own hands.
It must have been tempting to side with the other conservative justices and strike down the vulnerable parts of the law, but that just allows the now injured monstrosity to limp along, doing massive damage as it tramples the economic structure of the nation.
In Bridge, there’s a play error known as “trumping your partner” where you play a card in “trumps” to win a trick that your partner would have won anyway because your opponents have no higher value in the suit he played. It’s an error because you give up a play that would have won a later trick with that same card. It can make the difference in winning the hand.
Let us not trump the Roberts decision with a bunch of emotional chaff that hands the ultimate victory to the fools and crooks.
Our play is simple, really: change out the president, change out the bulk of the Senate, increase the House majority. Hey, I said simple, not easy.
With the right legislators in the chairs and the right president in the Oval, the whole damned Health Care Sabotage law can be expunged. That, and a whole host of other fires this administration has started can be extinguished.
SCOTUS can’t save us from stupid. That’s our job.
Consider it a “shovel ready” job and start digging.
Update: Did Roberts just give Obama the bird? – UPDATED
“I believe Roberts is playing Bridge here”
Congress not only can tax anything that moves, it can tax anything that doesn’t move
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Great analogy. Let me add one thing, we need the presidency and 50 Senators to kill the Mandate (excuse me) I mean healthcare tax. That means a Romney win and a net pickup of three in the Senate. In fact that it might be 2, as Manchin although a Democrat will be held to the fire in a very anti-Obama state.
On the other hand, I don’t think interpretation of the law should be a political game. If Roberts did this he is not worthy of being a Supreme Court Justice…let alone, a judge.
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