Power of Story Send a Tweet        
- Advertisement -

Share on Google Plus 1 Share on Twitter 1 Share on Facebook 2 Share on LinkedIn Share on PInterest Share on Fark! Share on Reddit Share on StumbleUpon Tell A Friend 1 (5 Shares)  

Printer Friendly Page Save As Favorite View Favorites (# of views)   2 comments
OpEdNews Op Eds

Time to Say Goodbye to Judicial Overreach

By       Message Thom Hartmann       (Page 1 of 2 pages)     Permalink

Related Topic(s): ; ; , Add Tags  Add to My Group(s)

View Ratings | Rate It

opednews.com Headlined to H2 11/12/14

Author 1486
Become a Fan
  (126 fans)
- Advertisement -

Reprinted from Smirking Chimp

From flickr.com/photos/51479192@N00/3217311452/: Supreme Court
Supreme Court
(Image by Nathan Laurell)
  Permission   Details   DMCA

The Supreme Court has turned the US from a republic into a Constitutional monarchy.

- Advertisement -

Last week, the Supreme Court announced that it would hear yet another conservative-fueled challenge to Obamacare.

This time, the attack on Obamacare focuses on the phrasing of one sentence in the Affordable Care Act that talks about who can receive subsidies under the health-care law.

That phrasing is in Section 36B of the Affordable Care Act, which gives the government the power to subsidize health-care plans, "which were enrolled in through an Exchange established by the State."

- Advertisement -

Basically, as it stands now, US citizens who sign up for health-care insurance under Obamacare through the federal exchange receive a subsidy to help pay for that insurance.

However, the plaintiffs in the case are arguing that, based on the wording of the particular clause, Americans who sign up for Obamacare through the federal exchange AREN'T eligible for the subsidies; only Americans who sign up through state-run exchanges are.

Subsidies are a major aspect of Obamacare, and if the conservative justices on the Supreme Court were to rule against them in this case, millions of US citizens will lose the health-care coverage they got under Obamacare.

The frivolous nature of this challenge to Obamacare is pretty clear, and you would think that the Supreme Court would recognize that, and would have refused to hear the case.

But, given the history of the Roberts' Supreme Court, we really shouldn't be surprised that the court decided to hear the case.

After all, the Roberts' court is synonymous with the judicial over-reach that's turned the US into a Constitutional monarchy.

- Advertisement -

Over the past several years, we've seen time and time again how the conservative justices of the Roberts Court are willing to engage in judicial activism and overreach.

As the Alliance for Justice points out, the Roberts Court has routinely taken up cases that is has no right hearing.

In a report titled, "The Roberts Court and Judicial Overreach," the Alliance for Justice writes that, "The Supreme Court generally grants certiorari -- that is, agrees to hear a case appealed to it -- where there is an unsettled question of law or where the circuit courts of appeal have split on the proper interpretation of a given law. In recent years, however, the Court has taken a number of cases outside these parameters, which, in almost all cases, results in rulings favoring corporate interests."

But the Roberts Court's judicial over-reach doesn't stop there.

The court has also routinely answered legal questions that weren't even presented to it, and that were entirely unnecessary to decide the case before them.

Next Page  1  |  2

 

- Advertisement -

View Ratings | Rate It

opednews.com

Thom Hartmann is a Project Censored Award-winning New York Times best-selling author, and host of a nationally syndicated daily progressive talk program on the Air America Radio Network, live noon-3 PM ET. www.thomhartmann.com His most recent books are "The Last Hours of Ancient Sunlight," "Unequal Protection: The Rise of Corporate Dominance and the Theft of Human Rights," "We The People," "What Would Jefferson Do?," "Screwed: The Undeclared War (more...)
 

Share on Google Plus Submit to Twitter Add this Page to Facebook! Share on LinkedIn Pin It! Add this Page to Fark! Submit to Reddit Submit to Stumble Upon Share Author on Social Media   Go To Commenting

The views expressed herein are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.

Writers Guidelines

Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
- Advertisement -

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

S&P Blames Republicans, Mainstream Media Fails to Report It

Globalization Is Killing The Globe: Return to Local Economies

The Great Tax Con Job

The Truth about the Trust Fund-- Destroying Social Security to Destroy the Two Party System

The Deciding Moment: The Theft of Human Right

Healthcare: First They Came for the Banksters