by Wesley J. Smith –
Why is anyone surprised? Obamacare was never going to be overturned. Not that it is constitutional, as the Constitution was originally conceived. It surely isn’t. But that Constitution has been terminally ill for a long time. Now it is dead.
Why would the Supreme Court’s conservative chief justice rewrite the individual mandate’s penalty to be a tax, when the law’s authors unequivocally stated it was not a revenue generator during the legislative process? Let’s call it the “technocratic imperative” — faith in big government solutions for societal problems — a mindset that generates a far stronger gravitational pull than the standard conservative/liberal paradigm. The technocratic imperative is why, when push comes to shove, conservative judges almost always move “left” and liberal judges almost never move “right.”
The case was always about two contrasting approaches to law and government. Opponents of Obamacare mounted a legal challenge to the individual mandate. They argued that the government does not have the constitutional authority to force Americans to buy anything, and indeed that such a legal compulsion is unprecedented in American history. [Read more…]