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