Jul 3, 2012
But Roberts is a conservative, and a very smart, forward-looking one at that. What Roberts accomplished on one issue was to enshrine two conservative ideologies — without the Democrats even noticing while they were cheering. He did this by using the Court’s ability to turn metaphors into law. He accomplished this with two votes.
…First he was the swing vote that imposed the idea that Health Care Is A Product and set the stage for a possible general principle: The Interstate Commerce Clause governs the buying and selling of products and the government cannot force anyone to people to buy a product (real or metaphorical).
Second, Roberts was the swing vote on the ruling that saved the Affordable Health Care Act by creating a precedent for another metaphorical legal principle: A fee or payment imposed by the government is a tax.
In short, in his votes on one single issue, Roberts single-handedly extended the power of the Court to turn metaphor into law in two conservative directions.
Don’t miss this fascinating explanation by George Lakoff about what was missed in the euphoria of the ACA last week, please click here to read it in its entirety.