Hysterical Raisins: More judicial activism from the right on health care

Judge Roger Vinson wrote this on the Affordable Health Care Act of 2010:

“The act, like a defectively designed watch, needs to be redesigned and reconstructed by the watchmaker,”

Vinson is a  conservative district court judge appointed by President Ronald Reagan ruled that the individual mandate in the Affordable Care Act is unconstitutional, arguing further that, since he believes the mandate is “inextricably linked” to the rest of the measure, the entire law must be unconstitutional.

Vinson's  ruling, however, contradicts 14 other court decisions, the opinion of over 100 law professors, not to mention recent polling showing that Americans want the law to be either protected or expanded.

There is also a distinctly political aspect to the ruling. Vinson acknowledged borrowing heavily in his opinion from a brief written by the right-wing group Family Research Council.

Rightrdia has always wondered why buying health insurance is any different than buying auto insurance.  Anyone who drives a vehicle must purcahse auto insraunce. Anyone who works should also have health insrunce.

This is common sense.

source: From THE PROGRESS REPORT at THINK PROGRESS:


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Conservative Thought is based on Intolerance for Ambiguity

According to Wikipedia, “ambiguity tolerance is the ability to perceive ambiguity in information and behavior in a neutral and open way.”

Ambiguity tolerance is an important in personality development and education. In psychology and in management, levels of tolerance of ambiguity are correlated with creativity, risk aversion, psychological resilience, lifestyle, orientation towards diversity, and leadership style.

Wilkinson's Modes of Leadership is based on ambiguity tolerance. Mode one leaders have the least tolerance for ambiguity with mode four leaders enjoying and preferring to work in ambiguous situations. In part this is due to what Wilkinson calls 'emotional resilience'.

The converse, ambiguity intolerance which was introduced in The Authoritarian Personality in 1950, was defined in 1975 as a “tendency to perceive or interpret information marked by vague, incomplete, fragmented, multiple, probable, unstructured, uncertain, inconsistent, contrary, contradictory, or unclear meanings as actual or potential sources of psychological discomfort or threat.”

A good example of ambiguity intolerance is the GOP's view on the US judicial system. "Strict constructionism" is also used in American political discourse as an umbrella term for conservative legal philosophies such as originalism and textualism. These philosophies emphasize judicial restraint and fidelity to the original meaning (or originally intended meaning) of constitutions and laws (Wikipedia).

It is frequently used even used to describe a conservative judge or legal analyst. For example, on the campaign trail in 2000, President George W. Bush promised to appoint "strict constructionists.”

Let's take a look at the Second amendment.

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

If we wanted to reduce ambiguity about this amendment, we should only allow Americans who are in government militias (the National Guard) to have muzzle lading rifles or pistols that used black powder and fired lead balls.

That was the technology available at the time and such a view would conform the the Republican "Strict constructionism" views. It would certainly eliminate ambiguity about the Second Amendment.

I would imagine at this point the NRA is howling as are the other right wing gun nuts. Well, strict constructionism is a double edged sword. So is ambiguity intolerance.

Sources:

The Authoritarian Personality (Studies in Prejudice)
by Theodor W. Adorno, Else Frenkel-Brunswik, Daniel J. Levinson

en.wikipedia.org/wiki/Ambiguity_tolerance

en.wikipedia.org/wiki/Strict_constructionism

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