When the decision of the Supreme Court is released tomorrow at 9:00 AM Central Time I will do my best to link to the decision and have some commentary, work permitting in the law mines. Now of course we can only guess what will happen. Few things are more futile than attempting to guess what a court will do, but it is fun! I share in the conventional wisdom that the Court will likely strike down the mandate but uphold the rest. From a political standpoint, although it would be a travesty under the Constitution, I would prefer that the Court uphold the whole thing, since I think it would ignite a firestorm among conservatives and lead to a devastating defeat for Obama in the fall. Well, we will see what happens tomorrow.
Ever since Congressman Paul Ryan announced his budget plan, claiming that it was inspired by his understanding of Catholic social teaching (CST) in general and subsidiarity in particular, old debates about the meaning of CST have flared up once again. Michael Sean Winters of NCR blasted Ryan’s conception of “subsidiarity”; then Stephen White of Catholic Vote critiqued some of Winter’s own oversimplifications. Since everyone and their aunt in the Catholic blogosphere will weigh in on this at some point, I’ll get it over with and throw in my two-cents now.
First: I do believe that some of Ryan’s statements are oversimplifications. For instance, he claimed that subsidiarity and federalism were more or less synonyms for one another. They are not. Stephen White pointed out that these concepts are complimentary, however, and they are.
Secondly: Winters, and he is not alone in this, repeats Vatican statements about “access” to health care as if they were an exact equivalent with Obamacare or other types of government-run healthcare schemes. As White pointed out, Winters presents his leftist policy preferences as non-negotiable points of CST.
Third: I think the entire framework of this discussion needs a serious overhaul.
Hattip to Allahpundit at Hot Air. Well, that didn’t take long. In response to Obama’s attempt yesterday to bully the Supreme Court in the ObamaCare case, here is what happened in a Fifth Circuit hearing today:
The panel is hearing a separate challenge to the health care law by physician-owned hospitals. The issue arose when a lawyer for the Justice Department began arguing before the judges. Appeals Court Judge Jerry Smith immediately interrupted, asking if DOJ agreed that the judiciary could strike down an unconstitutional law.
The DOJ lawyer, Dana Lydia Kaersvang, answered yes — and mentioned Marbury v. Madison, the landmark case that firmly established the principle of judicial review more than 200 years ago, according to the lawyer in the courtroom.
Smith then became “very stern,” the source said, telling the lawyers arguing the case it was not clear to “many of us” whether the president believes such a right exists. The other two judges on the panel, Emilio Garza and Leslie Southwick–both Republican appointees–remained silent, the source said.
Smith, a Reagan appointee, went on to say that comments from the president and others in the Executive Branch indicate they believe judges don’t have the power to review laws and strike those that are unconstitutional, specifically referencing Mr. Obama’s comments yesterday about judges being an “unelected group of people.” Continue reading
Obama gave us a preview today of the tactics he will use if the Supreme Court rules against ObamaCare.
In his first public comments about the case since the justices took it up last week, Mr. Obama appeared to be framing the political argument he would make should he have to face voters this fall after a loss at the high court.
“For years, what we’ve heard is the biggest problem on the bench was judicial activism or the lack of judicial restraint, that an unelected group of people would somehow overturn a duly constituted and passed law,” he said at a news conference. The health-care case is a good example of just that, he said. “And I’m pretty confident that this court will recognize that and not take that step.”
White House officials have said they were reluctant to appear to lobby the Supreme Court, which is partly why the president didn’t speak out on the case until after it was argued before the court last week. Continue reading
A very long day in the Supreme Court today with the severability argument this morning, and the expansion of medicaid under ObamaCare in the afternoon. Continue reading
There is some excitement that oral arguments are going well for opponents of Obamacare. Though oral arguments are not perfectly indicative of how the Supreme Court will vote in the end, there is some cause for guarded optimism. That being said, even if the Court completely strikes down Obamacare, it will be something of a hollow victory.
Don’t get me wrong. There is no other correct course of action for the Court to take than to strike down the individual mandate and thus effectively kill Obamacare. It is one of those remarkable monstrosities that happens to be both bad policy and unconstitutional. The problem is that something this monumental is essentially being decided on the whims of a single Justice. How did we reach the point where our basic liberties come down to what Anthony Kennedy may have had for breakfast one day?
I don’t mean to be flip, but it feels like we’ve taken a very wrong turn somewhere along the line. Continue reading
Day 2 of oral argument on ObamaCare. Go here to read the transcript. Go here to listen to an audio recording of the oral argument. Today’s argument focused on the constitutionality of the individual mandate and the argument did not seem to observers to go well for the Obama administration. Jeffery Tobin, CNN’s legal analyst, put it succinctly:
“This was a train wreck for the Obama administration,” he said. “This law looks like it’s going to be struck down. I’m telling you, all of the predictions including mine that the justices would not have a problem with this law were wrong… if I had to bet today I would bet that this court is going to strike down the individual mandate.”
“I don’t know why he had a bad day,” he said. “He is a good lawyer, he was a perfectly fine lawyer in the really sort of tangential argument yesterday. He was not ready for the answers for the conservative justices.”
I would caution everyone from reading too much into the questions asked by the Justices on the first of three days of oral argument, but it was an interesting day of oral argument. Go here to read the transcript. Go here to listen to an audio recording of the oral argument. My thoughts on the first day I will post this evening. Continue reading
And Elijah came unto all the people, and said, How long halt ye between two opinions? If the LORD be God, follow him: but if Baal, then follow him. And the people answered him not a word.
First Kings 18:21
When the Supreme Court begins oral argument on ObamaCare on March 26, the White House is unveiling a new secret weapon: Prayer.
On Wednesday, White House officials summoned dozens of leaders of nonprofit organizations that strongly back the health law to help them coordinate plans for a prayer vigil, press conferences and other events outside the court when justices hear arguments for three days beginning March 26.
The acolytes of the South Side Messiah have long known that their strongest adversaries are among Christians who take their faith seriously. That is why they are promoting a de facto schism in the Catholic Church, and why they have attempted to promote Sandra Fluke, that summary of all that is wrong with Jesuit run Georgetown, as the White House sponsored symbol of an alternate magisterium for American Catholics. Religion in this country is to be transformed into a useful auxiliary for the President, spearheaded by astroturf pro-Obama “religious” groups like the George Soros funded Catholics United and the interdenominational Faith in Public Life, and dissenters will be silenced through mockery by the mainstream media which is overwhelmingly on the side of Obama, and propaganda campaigns led by the Obama administration and its allies to undermine leaders of any denomination who do not toe the line. Continue reading
“Enlightened statesmen will not always be at the helm.”
James Madison, Federalist 10
The video above is from the Heritage Foundation and incisively sets forth how ObamaCare is at war with religious liberty. The Founding Fathers made it clear that they viewed freedom of religion as being at the core of the framework of what they were seeking to accomplish:
“We have abundant reason to rejoice that in this Land the light of truth and reason has triumphed over the power of bigotry and superstition, and that every person may here worship God according to the dictates of his own heart. In this enlightened Age and in this Land of equal liberty it is our boast, that a man’s religious tenets will not forfeit the protection of the Laws, nor deprive him of the right of attaining and holding the highest Offices that are known in the United States.”
“That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practice Christian forbearance, love, and charity towards each other.”
The Religion then of every man must be left to the conviction and conscience of every man; and it is the right of every man to exercise it as these may dictate. This right is in its nature an unalienable right. It is unalienable, because the opinions of men, depending only on the evidence contemplated by their own minds cannot follow the dictates of other men: It is unalienable also, because what is here a right towards men, is a duty towards the Creator. It is the duty of every man to render to the Creator such homage and such only as he believes to be acceptable to him. This duty is precedent, both in order of time and in degree of obligation, to the claims of Civil Society.
“Without morals a republic cannot subsist any length of time; they therefore who are decrying the Christian religion, whose morality is so sublime and pure (and) which insures to the good eternal happiness, are undermining the solid foundation of morals, the best security for the duration of free governments.”
Charles Carroll of Carollton
Pope Benedict recognizes the threat to religious freedom that exists in our country:
In the light of these considerations, it is imperative that the entire Catholic community in the United States come to realize the grave threats to the Church’s public moral witness presented by a radical secularism which finds increasing expression in the political and cultural spheres. The seriousness of these threats needs to be clearly appreciated at every level of ecclesial life. Of particular concern are certain attempts being made to limit that most cherished of American freedoms, the freedom of religion. Many of you have pointed out that concerted efforts have been made to deny the right of conscientious objection on the part of Catholic individuals and institutions with regard to cooperation in intrinsically evil practices. Others have spoken to me of a worrying tendency to reduce religious freedom to mere freedom of worship without guarantees of respect for freedom of conscience.
Here once more we see the need for an engaged, articulate and well-formed Catholic laity endowed with a strong critical sense vis-à-vis the dominant culture and with the courage to counter a reductive secularism which would delegitimize the Church’s participation in public debate about the issues which are determining the future of American society. The preparation of committed lay leaders and the presentation of a convincing articulation of the Christian vision of man and society remain a primary task of the Church in your country; as essential components of the new evangelization, these concerns must shape the vision and goals of catechetical programs at every level. Continue reading
George Will on ABC’s This Week last Sunday made three points in regard to the HHS Mandate “compromise” that are undeniably true:
As Paul Ryan said to you, this is an accounting gimmick that they’ve done that in no way ends the complicity of Catholic institutions and individuals in delivering services they consider morally abhorrent.
Second. You asked the question, ‘How did this come about?’ George, this is what liberalism looks like. This is what the progressive state does. It tries to break all the institutions of civil society, all the institutions that mediate between the individual and the state. They have to break them to the saddle of the state.
Third. The Catholic Bishops, it serves them right. They’re the ones who were really hot for Obamacare, with a few exceptions. But they were all in favor of this. And this is what it looks like when the government decides it’s going to make your healthcare choices for you. Continue reading