Following up on my earlier related post.
Ever played Bridge?
You bid the hand in such a way that certain things are communicated to your partner, and then you trust that your partner will understand the bidding and play correctly. During play, you play your cards both in response to what the opposition plays and in such a way as to take advantage of your partner’s position.
Bridge is a complex game with a significant trust component.
I believe Roberts is playing Bridge here.
I’m guessing (yeah, I said I’m trying not to speculate) that his reading of the liberal justices was such that if he sided with the manifest majority, and struck down only the funding vehicle, the law would survive and be shored up through other, more devious measures.
By correctly classifying the funding vehicle as a tax, he has played a card that exposes the liberal reality and invites a response from Congress as well as the electorate.
By acknowledging that the *electorate* is responsible for its political choices and therefore its politicians and therefore, ultimately, its laws, and by making it clear that bad law and bad policy may not, in fact, violate the Constitution, since the Constitution was not written with the explicit injunction that “legislators may not write stupid laws,” he plays the card that clarifies the path to eliminating not only the heinous Health Care Sabotage machine, but also the fools and crooks who gave it to us.
Roberts is looking across the table at us now.
He has to trust that the electorate and Congress will look at the cards and play correctly to win the hand and ultimately the game. He can’t signal us with a kick under the table or tap out a strategy with his pen or convey in any fashion what he meant by his play.
Play now moves to us.
There's more... and it's thoughtful and well presented.
What I'm hoping it isn't is wishful thinking.
Time will tell, and I know Garry (we're email buddies)... and trust his judgment. He's shown lot of wisdom in the past.
Let's hope the man is dead on.