Chief Justice Roberts
Once more Republicans have put a person they thought to be a follower of the Constitution onto the Supreme Court only to find that the person does not hold to conserative principles when the rubber meets the road.
Chief Justice Roberts ruled that the Commerce Clause could not be used to support Obamacare. The liberal judges were not pleased with this and Justice Ginsberg wrote a dissent saying so.
However, Chief Justice Roberts said he had a theory about how the act could be constitutional. He said it would be constitutional if the mandate was a tax. Therefore: he declared the act constitutional on that basis. He said he found a way for the act to survive.
This is judicial activism in an area that had never been done before. He, in essence, rewrote the act so that it was leagal.
Naturally, liberals are pleased with the outcome and republicans have once more found that the person they nominated joined the other side.
Chief Justice Roberts ruled that the Commerce Clause could not be used to support Obamacare. The liberal judges were not pleased with this and Justice Ginsberg wrote a dissent saying so.
However, Chief Justice Roberts said he had a theory about how the act could be constitutional. He said it would be constitutional if the mandate was a tax. Therefore: he declared the act constitutional on that basis. He said he found a way for the act to survive.
This is judicial activism in an area that had never been done before. He, in essence, rewrote the act so that it was leagal.
Naturally, liberals are pleased with the outcome and republicans have once more found that the person they nominated joined the other side.
posted by Marcel at
2:17 PM
4 Comments:
John Roberts, chief justice of the SCOTUS, essentially rewrote the law to suit his definition of constitutional. If congress passes an unconstitutional law it can be vetoed by the president, failing that, it can be overturned by the SCOTUS and failing that, congress can be replaced at the ballot box. Lots of checks and balances exist. However, if the SCOTUS rewrites a law there are essentially no remedies. So much for co-equal branches of government.
By
John Beauregard, at 6:37 PM
Bill O'Reilly.... "So what should conservatives do about John Roberts? Hate him? Vilify him?" No, O'Reilly said. "The chief justice made a mistake. His ruling gives the feds far too much power. But he did so to avoid judicial activism, so there was a reason. Instead of name calling, the right must put forth something better than Obamacare so that Congress will repeal it."
Note...."to avoid judicial activism"
If sailors kept deserting my ship, I would check my ship for rats.
za
By
Anonymous, at 9:52 AM
Bill O'Reilly? Does anybody watch him anymore? He believes he is the only person that sees both sides and it is his job to level the playing field. He shuts down those that do not agree with him. He has called Obama a narcisist and he should know, it takes one to know one.
By
Marcel, at 1:15 PM
This comment has been removed by a blog administrator.
By
lin741852, at 8:19 PM
Post a Comment
<< Home