For those of us clear-eyed (and arrogant) enough to consider ourselves judicial realists, it’s an incredible sight to see long-time New York Times Supreme Court reporter Linda Greenhouse come around to what has long been self-evidently true about the Court and its members:
That’s not the case here. There was no urgency. There was no crisis of governance, not even a potential one. There is, rather, a politically manufactured argument over how to interpret several sections of the Affordable Care Act that admittedly fit awkwardly together in defining how the tax credits are supposed to work for people who buy their health insurance on the exchanges set up under the law.
Further, the case the court agreed to decide, King v. Burwell, doesn’t fit the normal criterion for Supreme Court review. There is no conflict among the federal appellate circuits. (Remember that just a month ago, the absence of a circuit conflict led the justices to decline to hear seven same-sex marriagecases?) In the King case, a three-judge panel of the United States Court of Appeals for the Fourth Circuit, in Richmond, Va., unanimously upheld the government’s position that the tax subsidy is available to those who buy insurance on the federally run exchanges that are now in operation in 36 states.
There is simply no way to describe what the court did last Friday as a neutral act.
So this case is rich in almost every possible dimension. Its arrival on the Supreme Court’s docket is also profoundly depressing. In decades of court-watching, I have struggled — sometimes it has seemed against all odds — to maintain the belief that the Supreme Court really is a court and not just a collection of politicians in robes. This past week, I’ve found myself struggling against the impulse to say two words: I surrender.
The difference between Congress voting 50 ineffectual times to repeal Obamacare and the Supreme Court deciding the wording that, just two years ago, they unanimously affirmed as allowing federal subsidies doesn’t actually do that, is that the Court faces effectively no limits on its exercise of power.
Filed: We R in Control || 14:08, November 13 || No Comments »
Politico Magazine asks today, “Why do voters believe lies?”:
If Gardner wins on Election Day, he certainly won’t be the only politician to get away with not being totally transparent, and it prompts the question: Why do voters fall for misinformation? A common refrain these days is that this is because there is a plethora of “low information” voters. If only those citizens knew more about politics, the argument goes, then the problem would be solved. But in fact, the problem is much more complex: It is often the people who are most interested and informed about politics that are most likely to adopt false beliefs.
Goal-post shifting from “believe lies” to “adopt false beliefs” aside, it’s a bit rich for Politico to run a piece blaming voter misinformation on motivated reasoning above all else. One reason that Cory Gardner’s lies (referred to even in this piece with “lies” in the headline as “equivocation”) haven’t hurt him with voters — particularly those less motivated, low-information voters — is that the press is unwilling to say that he’s lying about his previous and current support for personhood amendments. To the extent that the press is willing to challenge these statements, it’s in asides, shunted off to comically inept “fact-checking” columns, as if it’s not the job of regular reporters to check facts before printing them.
The LexisNexis archive contains 30 newspaper articles from Colorado sources in 2014 that mention “Gardner” and “personhood,” a number of which are editorials, and others of which mention personhood only in passing. In Iowa, Joni Ernst, another Senate candidate and personhood support who now claims that personhood amendments don’t mean what their text plainly says, was mentioned in only two state newspaper articles alongside personhood. That’s exactly two more than mentioned her along with “Agenda 21,” the UN development plan that she and other fringe conservatives believe is a secret plan to institute a one-world government. However, dozens mention her infamous “castrating hogs” ad from the primary campaign, a piece of political theater that sent tingles up the legs of many Washington courtiers.
A lot of misinformed people are going to vote today, and it won’t only be people whose misinformation is motivated by partisanship. A political press that allows lies to exist in a quantum symbiosis with truth bears plenty of the blame.