Most Conservative Supreme Court Ever Is Too Liberal For Some

The backlash among right wing extremists and your run-of-the-mill Obama haters to today’s Supreme Court ruling that correctly interpreted the intent of the Affordable Care Act to validate federal health care exchange subsidies has been breathtaking to observe. The criticism of the Court in general and Chief Justice John Roberts in particular, has been not merely entertaining,but roll-on-the-floor laughing funny. To understand just

how funny this all is, it has to be understood that this Court is almost without question, the most conservative US Supreme Court in the country's history, under whatever criteria one may wish to make a measurement.

In a post last year, "John Paul Stevens, Marijuana, and the Politics of the Supreme Court", I referred to a couple of ongoing

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studies that keep track of such things, in particular the Martin-Quinn score*, that has monitored the goings on of the Court for close to one hundred years. They track the liberal-conservative bias of all Justices, and have an on-going chart putting it in perspective. Here is the latest available Martin-Quinn charting of the positions of all US Supreme Court Justices since 1935:

Martin-Quinn Supreme Court Ideology Index

What is not so much revealed here, but rather what is substantiated here for those of us who know it all too well, is the following: Clarence Thomas is by far the most conservative Supreme Court Justice in recorded history. For a few years, Former Chief Justice Rehnquist was number two, but that while while he as an Associate Justice. He did temper his rulings with a subtle bit of reason and become an iota more liberal as Chief Justice. After them, in the close to one hundred years of this scale, no other justice has been as consistently and dogmatically conservative as either Antonin Scalia, Samuel Alito or current Chief Justice John Roberts.

Conversely, as I have also commented on in the past, today’s “Liberal” justices are far less liberal and more moderate bordering on conservative than the liberal wing of the court at any time in the history of the keeping of such statistics. In fact, today’s four “Liberal” justices, Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan, are actually in the same ideological strata as several former conservative justices, such as Lewis Powell and Sandra Day O’Connor. There is no “Liberal” Justice today, and there has not been for many years, who possess anywhere near the liberal voting record of such illustrious liberals of years ago, such as William O. Douglas, Earl Warren, Thurgood Marshall and John Paul Stevens.

Virtually EVERY important decision of the Roberts Court has favored conservative beliefs, the republican agenda, and anti-Obama interests, such as such landmark, society-shaking decisions as Citizen United v Federal Elections Commission that allows unlimited and secret campaign funding, Burwell v Hobby Lobby that allows employers to dictate the religious beliefs of their employees, Mutual Pharmaceutical Co. v. Bartlett and PLIVA v Mensing http://thehounddawg.com/?p=2048 where the court insulated Big Pharma from having to pay damages for devastating injuries caused by known side effects of their drugs,


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Greece v Galloway where the Court said it was perfectly fine to begin public meetings with sectarian religious prayers, whether people of other faiths or atheists like it or not, and of course, Shelby County v. Holder, wherein the Court gutted essential portions of the landmark 1965 Voting Rights Act, with Roberts actually writing in the opinion that there no longer was any significant racial discrimination in the states targeted by the Voting Rights Act.

Yet, here is a sampling of what the astute and well-educated republican thinks of their ultra-conservative Chief Justice, who dared to actually follow the law in a couple of key cases, rather than give in to politics and do their anti-Obama bidding:

fox fixed news noise talking hair Andrea Tantaros said the “judiciary, John Roberts included, is now just the water boy for the welfare state.”

Right wing rag the Hill reported that rush limbaugh said that Roberts had been paid off by the health care industry who he says WANTS the Affordable Care Act, and that a Blaze commentator had said he must have been blackmailed.

Presidential candidate and all around evil slime ball ted cruz, who not so many year ago said of Roberts that he was “one of the best constitutional minds in the country” NOW says he and the court are “robed Houdinis” who “transmogrified” the law to defend President Barack Obama’s signature healthcare law, and that “For nakedly political reasons, the Supreme Court willfully ignored the words that Congress wrote, and instead read into the law their preferred policy outcome”. Seriously? Roberts and Kennedy voted to uphold the law to save and protect Pres. Obama?

Presidential candidate and all around evil slime ball mike huckabee said the ruling was “an out-of-control act of judicial tyranny”.

republicans do not want an independent judiciary, they only want a rubber stamp for their extremist, anti-Obama, anti-middle and working class, anti-Union, pro big business agenda. and no one dare sway from that rule. They turn on you pretty fast.

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*A similar compilation is kept by Michael A Bailey of Georgetown University, and the results are very close.

About theHoundDawg

For many years as a lawyer, I saw much of the good and bad of society, and did what I could to right many wrongs. The lack of understanding of what is good and bad, right and wrong, just and unjust, as evidenced by such events as the election of King W as president, (who as such far surpassed the evil of richard nixon but not quite that of ronald reagan) lead me in a new direction, to spend my time trying to understand what is happening to our society, to try as best I can to spread my insights to others, and along the way to maybe even eke out a living through the internet.
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