The Court this week has delivered a series of devastating blows to America’s conservative movement with their second decision affirming the constitutionality of Obamacare, today’s decision on same sex marriage along with another decision on discrimination in housing.
It’s been kind of funny watching the Fox crew attempting to recover from the multiple blows sustained by conservatives this week. Conservatives have been looking with regard to upending Obamacare to additional cases wending their way through the lower courts and hoping that these cases will somehow undo what’s already been settled. Political commentator Amy Walter, appearing on Fox News last night, pointed out that many of those cases have already been dismissed and that now with a second affirmative decision on Obamacare, most of the rest will probably be dismissed too or the Court will agree not to hear them.
And conservatives shouldn’t take to much solace in the idea that Obamacare will be undone on Capitol Hill either. Let’s be honest about one reality. Conservatives on Capitol Hill have voted some 50 times to repeal the A.C.A to no avail. Their last presidential effort was based in part in undoing the A.C.A and that failed too. To date the G.O.P. has failed to come up with an comprehensive alternative to the A.C.A. Thus what will change now? Not much likely with regard to Obamacare.
With regard to same sex marriage ruling, one political commentator pointed out that the Court’s decision was based on the 14th Amendment, which addresses civil rights, and said that Supreme Court decisions based on the 14th are almost never reversed in subsequent Court decisions. Likewise lower courts will now have to fall in line with the high court’s decision. That said is there any reason to think that any reasonable Republican will sponsor legislation that seeks to undo the same sex decision?
As an aside, I can’t help but laugh at the follow on commentary on Fox this morning as that networks analysts have spent more time trying to reconcile Justice Thomas’s opinions on same sex and Obamacare then they have coming to terms with the seismic changes that have just taken place.
Steven J. Gulitti
6/26/2015
was after the election of Obama in 08…..which as we all recall was followed by the shellacking in 2010 and the emergence of Scott Brown.
Let’s not get complacent.
If the conservative movement’s goals are to turn back the clock by blocking, undoing and defeating progressive initiatives then it’s impossible to deny the fact that they have suffered severe setbacks this week.
on what issues can Democrats “get out the vote”? Republicans vote out of duty. We need issues.
Democrats are great at taking a punch and turning the other cheek. What they need to do is to learn how to throw a punch, i.e. to continually go at the right and point out the fallacies and inadequacies of right wing ideology.
Only then will the Dems be able to launch and sustain an effective offensive against right wing lies and distortions.
Right sees leftward tilt in Roberts Supreme Court era http://thehill.com/regulation/court-battles/246352-right-sees-leftward-tilt-in-roberts-supreme-court-era
Religious “conservatives”– who aren’t really very conservative at all– lost on the SSM case, and partisan Republicans– who are also not particularly conservative– lost on the Obamacare case.
But actual conservatives scored some pretty big wins:
a decision upholding Texas’ decision to keep the confederate flag off its license plates, but on grounds that authorize states to engage in viewpoint discrimination (i.e., South Carolina, Texas, and others may keep their anti-abortion special license plates, while banning pro-choice messages from appearing.
A decision that more or less ends any effort to challenge capital punishment, however administered, as cruel and unusual under the 8th amendment; and probably most significantly
A decision that greatly expands the concept of “regulatory taking” in a way that is likely to have some significant impact on the regulatory state (that is, by reducing its power significantly); and
A decision that imposes tough cost-benefit requirements on environmental regulation.
Those last two can really be described as HUGE conservative victories.
Since the “cost” side of those cost-benefit requirements will continue to be manipulated to exclude the present value of the unfolding AGW catastrophe, this decision will ensure that we continue our national policy of climate change denial.
They granted cert in Friedrich v. Cal. Teachers Assoc., which will be heard next year, and will likely end the ability of unions to collect dues, except by donation.
So, nope, I am pretty sure you are getting the expected decisions from a conservative-controlled court.
We should want a court that respects the rule of law and upholds it, respects the Bill of Rights and defends it, and generally acts as a strong civil libertarian counterweight to the majoritarian and bipartisan expanded power/crony capitalist/security state consensus that typically governs Washington. I have walked away from these cases still convinced Justice Kennedy and Roberts are not committed to those principles, and Kelo still leaves a bad taste in my mouth looking at the liberals on the court as well.
I have always supported same sex marriage and feel that this decision was well reasoned enough to fully justify such protections for the country, but it still fell short of a rational basis test that tore up anti-LGBT discrimination more broadly. ENDA is unlikely to pass this decade thanks to the GOP House, no matter who wins the Presidency or Senate. Housing discrimination is still legal in several states, and trans rights were a complete after thought. Indiana bakers will not enjoy special religious exemptions and privileges, but they can still fire their gay employees or deny them housing.
Perhaps this wasn’t the right test case to make a more sweeping change, but I fear that Roberts was right in one regard-when he cited Ginsberg discussing Roe and the impact that had on the future, even if he deliberately obscured her main point. The right always plays offense on every issue and never accepts defeat on any issue. Too many liberals will throw up their hands, especially liberal politicians, and say gay rights is over, just as they did after the first phase of the civil rights movement a generation ago. But just as conservatives found ways to chip away and nibble at the bits on all of these fronts, from voting rights to eliminating affirmative action to restricting reproductive choice, they will do so here as well, under the guise of ‘religious liberty’ broadly expanded and merged into corporate personhood thanks to the same Justice Kennedy celebrates at Pride this past weekend.