Thursday, July 2, 2015

Supreme Court Roundup

It's no wonder conservatives always seem angry. Because while liberals were out celebrating that people can now marry whomever they choose, that lower income citizens will continue to receive subsidies for their health care, that states can create commissions to prevent partisan gerrymandering, and that new barriers are not being erected to prove housing discrimination, what did conservatives have to celebrate this week?

Are they supposed to dance in the streets the way supporters of LGBT rights did, to cheer the Court's permission to use harmful drugs for lethal injections in death penalty cases? Should they be happy that the EPA will have more trouble keeping the skies clear of air pollution?

Maybe justices like Scalia, Alito and Thomas aren't upset just because they found themselves on the losing side of some important constitutional decisions. Supreme Court Justices can handle losing. They don't mind writing dissents. It could be instead that conservatives are angry about being forced to applaud death and pollution, while at the same time they are forced to try to prevent people from getting health care, or marrying the people they love. Being compelled by ideology to take those hateful positions could make anyone grouchy.

Notice that Justice Roberts did not seem nearly as unhappy as the three conservative justices to his right. In the marriage equality case, he was only a little bit grumpy. Roberts was willing to concede that proponents of marriage equality have something to celebrate, even though he would have preferred that they use the political process to achieve that, instead of the courts. And in the Obamacare case, Justice Roberts went along with the majority's construction of the statute, and therefore avoided being in the difficult position of trying to take away people's access to medical care in order to support a different construction. If Justices Alito, Scalia, and Thomas want to avoid the ill effects that come from all their scowling, sputtering and screaming, maybe they would do well to follow Roberts's example.

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