The Ruling, Initial Reactions
June 29, 2012
As I listened to NPR I was thrilled with the initial announcements. On a philosophical, theological, ethical levels this is an important gain for our social contract and our compassionate responsibilities toward one another.
As the ruling was further analyzes, I admired it even more and look forward to reading it (I still haven't heard enough about the dissent to understand their arguments).
I appreciate that the Court ruled that Congress cannot expand the Commerce Clause to cover this. I too was always uncomfortable with the originally conservative proposal that mandated individuals purchase a product in the private market. Though I have since learned of previous such government mandates and have been slightly more comfortable, in theory, I've never been a huge fan of "the individual mandate" without the public option.
I appreciate, however, that they understood Congress to have the power to impose fines and penalties under the taxing power, which no one really disputed. On the one hand, my preference would probably be that the Court tell Congress they had to go back and redo, but that ideal rule of law world doesn't exist, and I appreciate the Court, which often seems out-of-touch with how reality works, for understanding that.
Based on analyzes I had read prior to the ruling, I was not surprised that Roberts was in the majority. I was surprised that Kennedy was so avidly opposed, and look forward to reading his opinion.