George Will on the “durable damage” done by the Supreme Court in yesterday’s Burwell decision:
Thursday’s decision demonstrates how easily, indeed inevitably, judicial deference becomes judicial dereliction, with anticonstitutional consequences. We are, says William R. Maurer of the Institute for Justice, becoming “a country in which all the branches of government work in tandem to achieve policy outcomes, instead of checking one another to protect individual rights. Besides violating the separation of powers, this approach raises serious issues about whether litigants before the courts are receiving the process that is due to them under the Constitution.”
The Roberts Doctrine facilitates what has been for a century progressivism’s central objective, the overthrow of the Constitution’s architecture. The separation of powers impedes progressivism by preventing government from wielding uninhibited power. Such power would result if its branches behaved as partners in harness rather than as wary, balancing rivals maintaining constitutional equipoise.
But, hey, other than that, really solid work there, Chief Justice.
So at some point you reread your words "interpretive distortions" and you're like, "Yeah, I'm John Motherfucking Houseman."
— Stephen Green (@VodkaPundit) June 25, 2015