Another Editorial.
The other day I commented negatively on Marni Soupcoup’s editorial critical of the Tory’s recent initiative to stop innocent women coming into Canada to be enslaved into a life of stripping and prostitution.
It is now David Brooks’ turn. Mr. Brooks, writing in the National Post, implores Americans ‘Not To Whine’ over Chief Justice’s John Roberts Jr. bizarre ruling giving the Court’s proponents a 5:4 victory for Obama’s Health Care Law.
Some background.
Last year, Obama passed universal health care which contained a very contentious clause compelling Americans to purchase health care coverage whether they wanted it our not. Rather like forcing non-drivers to buy car insurance.
Not surprisingly, this did not sit well with many States, as well as individuals. They viewed this particular measure unconstitutional since, to that point, citizens were deemed to be free from such an arbitrary demand on the part of their government.
There were a couple of other reasons why the majority of Americans did not and do not like the law, namely that with a $15 Trillion Dollar Debt, they believed their country could not afford it at this time and second, with universal health care would come a poorly functioning system such as we experience in Canada.
But let’s forget those two latter concerns and focus on the government’s attempt to force Americans to buy health care whether they want it our not.
The President and his legal advisors relied upon the Commerce Clause in the Constitution to give them this power. The majority of American Legal Scholars disagreed with Obama and said that this clause could not be used to make the purchase of health care obligatory and the Supreme Court was left to make a final determination.
In the lead-up to its decision, the smart money was on the forced purchase of insurance being deemed unconstitutional for both legal and practical considerations. Legal because this measure is truly unconstitutional and practically speaking, since the Court is divided 5 to 4 in favour of Conservative Thought.
And indeed the Court did rule 5 to 4 however it was in favour of Obama Care in all its aspects.
What happened?
Simply stated, Chief Justice John Roberts voted with the minority liberal element of the Court.
A well known conservative, Roberts was appointed by the “evil conservative” George W. Bush.
But even Roberts could not find that the Commerce Clause enabled the Federal Government to legislate mandatory health insurance coverage. He tapped danced around the issue by declaring in his Majority Judgment that what the Feds had really done was to enact a health care tax – when the Feds had not not argued this before his Court and to this day, vehemently deny that a tax was levied.
So what’s with John Roberts Jr. ?
To me he is a Sell-Out – a Pretend Conservative; a lover of Big Government. And even worse from my perspective, a Non-Libertarian.
But before I continue permit me to insert my usual disclaimer:
I am not opposed to the extension of health care coverage to those who cannot afford it, indeed I welcome it – but I would rather see the new health care law directed to include the 30 or so million disadvantaged Americans into the club rather than saddling the entire 330 million population with what will inevitably become inferior care.
Now to go on: there is another major reason why I am so disappointed with the Roberts’ decision. It once again displays blatant judicial activism even though the Chief Justice tries to portray his decision as being most democratic.
Roberts states that it is not up to his Court to decide whether Obama Care is unconstitutional – it is up to the people and if they don’t believe in the Law – then their remedy is to vote Obama out in November’s Election. Makes an American want to put his or her hand over their heart and pledge allegiance to the Flag.
But Roberts is wrong – dead wrong. It is the Court’s duty to Rule on Constitutionality. That is to say, to Interpret the Law – not to Make Law. When he stated that the Commerce Law does not give the Government the Power to Force Health Care Purchase – he was correct and was fulfilling his Duty. But when he goes on to say that this is simply a Tax – when he knows full well, as does everyone else, that it is not – he is Making Law – which is Beyond the Role of the Court.
The bottom-line here is that Judges are acting more and more like Politicians (Legislators) and, not surprisingly, are more and more being held in contempt.
As I see it ..
‘K.D. Galagher’
