Bad Medicine: When Restraint is Actually Judicial Activism

In attempting to avoid judicial activism, Justice John Roberts becomes the ultimate activist

I have a few initial thoughts about yesterday’s extremely wrong-headed and disappointing decision in the case King v. Burwell. You can expect more after I have had a chance to thoroughly read the opinion.

1. During his confirmation hearing, Justice John Roberts spoke eloquently about the role of the Court, and “the restraints that make men free.” I believe that his thought about this law is as that, even though the issues it raises don’t technically fall within the “political question” doctrine, therefore making it something completely outside the Court’s concern, in effect it is at the end of the day something that should be decided at the ballot box. In 2008, the American people elected a radical leftist who made no secret of his plans to transform and “remake” our country. True, he lied when he said he opposed an individual mandate, only the first of many lies to come, but that a leftist would lie is something that is also completely predictable. They also gave this radical’s party control of both houses of Congress. So, Roberts was not going to undo what the people’s elected representatives have done.

2. In this case, just like the previous case, in which the Chief Justice played the role Bill Ayers played when Obama needed a book written, apparently believes that he is exercising restraint by engaging in all sorts of verbal gymnastics to save this heinous law. From the beginning, the Obama regime argued that its income redistribution scheme thinly disguised as a “affordable health insurance” did not impose any taxes, only “penalties.” Yet, it was only be finding that the penalty was a “tax” that the law was rescued last time. Now, he has taken 4 words, which are completely unambiguous, saying that they don’t mean, what they clearly do. Not only are the words clear, the architect of the law, Jonathan Gruber, repeatedly stated that what was intended was that the carrot of subsidies was there to force states to set up exchanges. In the effort to exercise restraint, Roberts once again became the ultimate judicial activist, re-writing a poorly drafted law.

3. If Roberts was going to take into consideration the effect of this law on health insurance markets, which his decision indicates that he did, shouldn’t he have taken into account how this law was passed? I refer to the backroom deals, the bribes, the deceit and the legislative machinations that the regime used to ram this law through. How about the fact that no one read this mess before voting for it as ordered to go along with their party? Even the poor drafting is a result of needing to get this monstrosity passed before anyone could consider what was being done.

4. The doctrine of separation of powers is one of the most important protectors of our liberty. This decision is a serious to blow against it, which is already done for the count.

5. I do not have words adequate to express my contempt for those who facilitated the invasion of our Oval Office by an anti-American radical leftist hell bent on destroying the Constitutional system brilliantly created by the Founders. I include not only the emotionally-driven and low-information voters, but also the this clown’s lame opponents in 2008 and 2012.

More later.
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