Choate is not a Word

Irony in Stone

Was it a bitter twist of irony that the Justice whose confirmation Senator Barak Obama voted against in 2005 saved his Health Care Act?  Chief Justice John Roberts, whilst finding that the Affordable Care Act was unconstitutional under the Commerce Clause, nonetheless upheld the law saying that the law was constitutional by under the taxing power of the federal government.

In 1934, then Labor Secretary Frances Perkins found herself seated next to Justice Harlan F. Stone.  Stone inquired as to how her work was going. The secretary said hat they were were uncertain on what basis the new Social Security program should be founded. Upon hearing this, the justice leaned over to her and whispered: ‘The taxing power of the federal government, my dear; the taxing power is sufficient for everything you want and need.’ 

It appears that Justice Roberts was listening as well.  Ah, history does repeat itself, not content to merely rhyme.

Speak Antonin, and Don't Hold Back

The Supreme Court handed down its decision on SB 1070 [the Arizona immigration case].  The Court upheld the provision allowing state law enforcement to determine the immigration status of anyone they stop or arrest if they have reason to suspect the person might be in the country illegally.

The Court parted ways on three  other provisions, with the majority rejecting measures that would have subjected illegal immigrants to criminal penalties for acts such as seeking work.

In his dissent, Justice Antonin Scalia couldn't help himself.  He attacked President Obama's recent decision not to deport many illegal immigrants who have been in the United States since they were children.  This policy was announced approximately two months after the case was heard.

Illegal immigration is a campaign issue.  Why comment on the Obama policy? Scalia answered these criticisms of his criticism by saying "If the government is going to make me eat broccoli, I'll say whatever I damn well please".

Ok Justice Scalia, take it easy, the government isn't really going to make us eat broccoli now is it?  But maybe you should have some anyway. A bit constipated perhaps??