“Let’s Drop the Charade: The Supreme Court Is a Political Branch, Not a Judicial One”

Excerpt One:

Roberts’s denial that the Court legislates is astonishing in its cynicism: In saving SCOTUScare, the chief justice not only usurped Congress’s law-writing role with gusto; he claimed the powers, first, to divine legislative purpose from its contradictory expression in legislative language, and, then, to manufacture legislative ambiguity as the pretext for twisting the language to serve the contrived purpose.

It takes a Clintonian quantum of cheek to pull that off one day and, on the next, to inveigh against the very thought of it.

Excerpt two:

If the justices are going to do politics, they should be in electoral politics. If John Roberts is going to write laws on the days when he isn’t posing as powerless to write laws, if Anthony Kennedy truly believes the country craves his eccentric notion of liberty (one that condemns government restraints on marriage 24 hours after it tightens government’s noose around one-sixth of the U.S. economy), then their seats should not be in an insulated third branch of government. They should be in an accountable third chamber of Congress.

Read more at: http://www.nationalreview.com/article/420417/supreme-court-john-roberts-marriage-health-care-constitution

 

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