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Posts Tagged ‘Justice Kennedy’

Ginsburg & Obama (CNN)

Days ago, President Obama warned the U.S. Supreme Court against judicial activism on their part in examining the federal health care act known as Obamacare. He said the justices should not forget the millions who have already gained, and will attain, health benefits.

Not only did the President insult the High Court by inferring they will not be issuing a determination based on the constitutionality of Obamacare, he redefined judicial activism. As a former constitutional law professor, Obama knows better.

Judicial activism is deciding cases OUTSIDE of the framework of Constitutional validity, by vacating or contorting duly passed legislation in order to accomplish some social engineering or otherwise ‘beneficiary’ goals. Thus, it would be judicial activism if the Court were to uphold Obamacare because of some ‘misery’ index or perceived health inequity.

Of course it was the judicial activism in the Roe v Wade ruling that declared a ‘penumbra’ of privacy that trumps the primary right to life. However, the Roe ruling did allow a few counterbalancing state interests that have prevailed in subsequent litigation, including, but not limited to, the state’s right to promote childbirth and regulate the integrity of the medical arts.

During the past decades, the women’s movement, led by Ruth Bader Ginsburg as an ACLU attorney, fought to make the Court constrain laws that are gender-biased, patterned after the policy on race-bias. But the Court has not allowed that principle to trump abortion, and (more…)

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