The ACA decision

Well, the ACA was decided on this week and the forces of truth, justice and 'I've got mine,' that would include me, lost. I was pleased to have come close to having predicted it at Volokh, cf. commenter 'ride_it_like_you_find_it' (1,2). And actually I am impressed with the reasoning. TNC at the Atlantic links to a past post on Roberts, his quest to be a collegial chief justice, seeing that that is important in being most successful there. I think there is something more broadly collegial here that perhaps to el jefe is important.

I recall as a child riding through Wyoming, being nowhere, going nowhere, and a big, big billboard appears, "Impeach Earl Warren." Now let's stipulate that Brown v Board was rightly decided but then we get down to District Court Judge Taylor in Dallas deciding on a desegregation plan that has a chance at integrating the schools, and there is a legal opportunity to drive a more drastic decision at the 5th Circuit and voila, DISD is now 10% white, the schools struggle. Maybe winning your discord in court isn't the best solution. Chief Justice Roberts pointed out 'It is not our job to protect the people from the consequences of their political choices.' Maybe it would be better to find or accept a collegial or democratic solution.

1. http://www.volokh.com/2012/06/27/predictions-on-the-health-care-cases/#comment-569657104

2. http://www.volokh.com/2012/06/19/foolishly-reading-the-tea-leaves-of-justice-ginsburgs-speech-at-the-acs/#comment-562509311