A Cynical Society Update Part 3
When I wrote The Cynical Society, I was guided by two opposing propositions: that democracy was deeply ingrained in American everyday practice, and that cynicism was as well, presenting a major challenge. This dynamic between democracy and cynicism was clearly evident in the case of the recent Supreme Court decision on the constitutionality of “Obamacare.” Chief Justice John Roberts demonstrated how individual action matters. He apparently acted in a principled fashion, defying cynical interpretation. In my judgment, he made a significant principled contribution to the health of the body politic, as well as to the health of many American bodies.
I had an inkling that this could happen in April:
“I worry that this [cynical] kind of attitude has even become the common currency of the Republican appointed justices of the Supreme Court, as they express Tea Party talking points about the health insurance mandates, with Justice Scalia pondering the forced consumption of broccoli and the like. But I have hope. It seems to me that it is quite possible that the Court, with Chief Justice Roberts’s leadership, will seek to make a solid decision based on the merits and not the politics of the case, in the shadows of the Citizens United decision and Bush v. Gore. The integrity of the court, its reputation as a judicial and not a political institution, may very well rule the day.
The way the Court handles this case is a good measure of the degree cynicism has penetrated our politics and culture. My guess is that the health care law, in whole but more likely in part, will be overturned in a political 5 – 4 decision, or if the Court wants to fight against cynical interpretation, attempting to reveal principled commitment, the decision will be 6 – 3 upholding the law, with Kennedy and Roberts, joining the liberals. If the law is overturned, from my partisan point of view, the chances for a decent life for millions . . .
Read more: Chief Justice Roberts and the Health of the American Body Politic