The Chief Justice who gave us Citizen’s United cannot be called a minimalist. A Justice who has tacked the Court to the right can hardly be seen as modest. A quick peek at those who did not oppose ACA–heallth care corporations, insurers, providers, industry operators–offers a spectulative insight that is at least in line with the Court’s decisions favoring corporations and increasing their rights to wield influence through law.
Who cares about the misguided protests of those who put dying over buying. ACA brings guaranteed premiums and expands the market by 30 million. Whether or not the commerce clause applied, does anyone think stakeholding corporations wanted to kill that market in a single legal ruling?
Relief for the states, yes. A few comments on the ineptness of the legal arguments, a zinging aside reminding all us the Court doesn’t protect us from bad legislation, that’s not its role. Its role has been to protect the monied interests mapped by a constitution that represented special interests within our history. Law is a mirror to conceal the shadows—and make noble its horrors. Law conceals real consequences and intent, but occasionally shows its naked power. Ask Dred Scott. Ask Homer A. Plessy. On the other scale, ask Citizens United.