Oh no it won’t. There is a huge difference between judicial activism, where a judge or court provides a ruling based on their own feelings or opinion, and a proper judicial review when a court makes a decision based on the Constitution.
Sen. Patrick Leahy (D-Vt.) and many others on the left are setting the stage for the political and media “attacks” on a “radical” Supreme Court.
Senate Judiciary Chairman Pat Leahy recently took the extraordinary step of publicly lobbying the Chief Justice after oral argument but before its ruling. “I trust that he will be a Chief Justice for all of us and that he has a strong institutional sense of the proper role of the judicial branch,” the Democrat declared on the Senate floor. “The conservative activism of recent years has not been good for the Court.”
He added that, “Given the ideological challenge to the Affordable Care Act and the extensive, supportive precedent, it would be extraordinary for the Supreme Court not to defer to Congress in this matter that so clearly affects interstate commerce.”
The elite liberal press has followed with pointed warnings that Mr. Roberts has a choice—either uphold ObamaCare, or be portrayed a radical who wants to repeal the New Deal and a century of precedent. This attack is itself clearly partisan, but it’s worth rehearsing the arguments to show how truly flawed they are.
Why do I even bother with Leahy? He’s a senator and has the ear of the media that’s why. I ask Leahy and any Democrats/liberals out there this one question. What recent Supreme Court cased during the last 20 years would be an example of conservative activism?
I really do want to know, so provide your answer in the comments section below, or if you’re shy, send us an email. I’ll give you a few days and post your examples before the weekend.
By the way, I’d be perfectly fine repealing the New Deal and a century of precedent with the full understanding the states have the ability – per the United States Constitution – to step in and provide many of the products and services now provided by the federal government.
As I have said before, Article 1, Section 8 seems very clear to me. It provides specific directives concerning the powers of Congress and therefore the federal government. The 10th Amendment affirms Article 1, Section 8 by again reminding everyone we are the United States of America, and powers not delegated to the United States (the federal government) by the Constitution are the exclusive realm of the states.
This is our fight for the next 50 years, get that into your heads. Yup, it will take a lot of time, but we must start today.
More on the Supreme Court’s possible overturn of Obamacare and the mandate at Volokh Conspiracy.