Supreme Court

The Supreme Court Overturns History

Every 80 years, the Supreme Court has decisively entered a sharply divided political process to provide its own answer to the fundamental question of American politics: what is the scope and purpose of government?  Each time, it has attempted to reinforce the generational and party alignments of a previous era in the face of challenges from the beliefs and partisan preferences of an emerging civic-oriented generation like today’s Millennials (born 1982-2003). But this time, as the eighty year cycle came full circle, the US Supreme Court’s decision to uphold the individual mandate in the 2010 Affordable Care Act (“Obamacare”) under the taxation powers of the Congress surprised everyone.  

As in the past, the generational and partisan composition of this Supreme Court reflects an earlier era. Five of the justices, including a majority of its conservative bloc (Roberts, Thomas, and Alioto) are Boomers (born 1946-1964). The rest are members of the even older Silent Generation (born 1925-1945). A majority are Republicans. Yet in this case,  Chief Justice Roberts   bucked history and his generation’s preference for ideological confrontation in order to preserve the institutional reputation of the Supreme Court. 

Perhaps the Court understood the historical and generational trends any ruling to overturn the Affordable Care Act would have had to fight against. Two-thirds of Millennials wanted the Affordable Care Act either to be expanded (44%) or left as is (23%). By contrast, clear pluralities of Boomers (44%) and Silents (46%) wanted it repealed. Millennials, however, represent the wave of the future. They now comprise one-fourth of all eligible voters; by 2020 more than one out of three adult Americans will be Millennials. And that Millennial-dominated future is now likely to arrive much sooner as a result of the court’s decision. 

Because this large cohort is bringing a new “civic ethos” to American democracy, the Court’s decision is likely to have far reaching effects on the future relationship between government and its citizens. Millennials believe that social rules are important but that everyone should have the freedom to choose how to abide by them. They see government as a parent, setting the boundaries of behavior but not dictating it. Two key elements of the Court’s decision today  reinforce this approach.   One upholds the right of the federal government to tax behavior of which it does not approve (in this instance, not buying health insurance). The second denies Congress the right to dictate to the states what they must do with regard to Medicaid. The Millennial civic ethos will use democratic processes to determine national priorities and rules for permissible behavior by both individuals and states, even as it provides incentives for greater individual and local initiative.  

With the Court’s affirmation of the constitutionality of the Affordable Care Act, the country is likely to see this framework used to resolve many of the other policy challenges the country faces.  June 28, 2012, will be remembered as the day the Millennial Era arrived in the nation’s legal principles as it did in its electoral politics four years ago.  

This blog appeared first in the Huffington Post.

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Tuesday Buzz: Simon on Sotomayor's Selection, Millennials May Doom the GOP, Obama Finds the Middle

Simon's statement today on the selection of Sonia Sotomayor was featured in the Chicago Tribune. Here's an excerpt from the article: 

"President Obama's pick of Judge Sonia Sotomayor to serve on the Supreme Court is an acknowledgement and affirmation of the great demographic changes taking place in America today,'' says Simon Rosenberg, president of New Democrat Network.

"Driven by years of immigration, our nation is going through profound change,'' he suggests today. "The percentage of people of color in the United States has tripled in just the past 45 years, and America is now on track become a majority-minority nation in the next 30-40 years.

"The movement of our nation from a majority white to a more racially complex society is perhaps the single greatest societal change taking place in our great nation today,'' he suggests.

"And if the Supreme Court is to have the societal legitimacy required to do its work, its justices must reflect and speak to the people of America of the 21st Century,'' he says.

"The pick of Judge Sotomayor, a highly qualified, twice-Senate confirmed Latina to serve as one of the nine judges overseeing our judicial system, will not only put a thoughtful and highly experienced judge on the Supreme Court, it will go a long way toward making the Supreme Court one that can truly represent the new people and new realities of 21st Century America."

Rob was quoted in a national Associated Press story about Obama's move toward the center on some issues:

Rob Shapiro, a former economic adviser to President Bill Clinton, said Obama's winning of congressional support for the $787 billion economic stimulus plan soon after taking office, mostly on terms he wanted, remains a major achievement.

The next crucial test will be whether Obama can make progress on health care overhaul, a signature proposal for his first term, said Shapiro, now with NDN, a centrist think tank formerly known as the New Democratic Network. Some of the other issues matter less, since presidents rarely get everything they want even from a Congress controlled by their own party, he said.

"Obama calls himself a pragmatist. That often ends up with fairly centrist policies," Shapiro said. "In the end, the progressives, the left in Congress, will support the president even on getting a half loaf in health care rather than a full loaf," he added.

Finally, Morley and Mike's recent LA Times Op-Ed was re-published in The Oregonian this week, and was also featured in The Arizona Republic, DailyKos and MyDD.

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