a contemplative approach to politics

Posts Tagged ‘Obamacare’

#Healthcare: the triumph of subjectivity

Posted by blindspotpolitics on June 28, 2012

A few months ago I almost shit myself from laughing so hard. During one of the Republican Presidential debates, New Gingrich proposed that we start getting rid of activist judges who support liberal things like gay marriage or gun control or health care reform. Most of the men who shared the stage with him shared his sentiments. “These activist judges have got to go!” Newt demanded, with much applause and many a rebel yell from the audience.

Well, the big no-no happened. Health care, sorry, *Obamacare, is now here and firmly constitutional. And although I haven’t checked my RSS feed to see the responses of the day, mainly out of fear for how many updates I have from the Cato Institute, I bet there is a lot of jabbering about activist judges, and liberal judges, and how judges are destroying this country.

But wait.

Activist judges?

Well, the deciding vote today was John Roberts. JOHN ROBERTS: the guy who voted from unlimited corporate money in politics. John, freaking, Roberts: the George W. Bush Court appointee.

Is he an activist?


Whether you agree with today’s decision or not, it revealed why placing the Supreme Court above partisanship or political loyalty is essential to our Democracy.

Many people, including those who oppose activist judges, bemoan the lack of objectivity in the current Supreme Court. They see the Justices as the judicial arms of our political parties.

Today’s decision shows that this is not always the case. Chief Justice Roberts, the supposed constitutional muscle of the Republicans, took a step towards left field.

His decision surprised a lot of people and proved that the Supreme court is not rigid nor objective. The court is necessarily dynamic and organic, fueled by the experiences of the men and women under the black robes. Their respective subjectivity makes things difficult and uncertain, the antithesis of partisan politics and party line voting to be sure, but also evolutionary, revolutionary, and contemplative.

The Court evolves as we evolve and as America evolves. Yes, sometimes too quickly, but almost always in our direction. The decision today is not the creeping of socialism or the tip toeing of Stalin or Castro, but the hurrah of independent thought.

Today, subjectivity allowed one man to rise above the political muck and finally make a thought-out judgment regarding our Constitution.

Today was a victory against the naysayers of American Democracy; those zealots, on either side of the aisle, who claim that bipartisanship is dead and that we’ll soon have to fish the constitution out of a garbage dump along with all the other crap.

History might judge Roberts for his independent choice, but at least he made one.


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