6.28.2012

Supreme Court Thoughts

Score a point for the Supreme Court.  Perhaps the court has been political over its history.  It has been my belief of all the branches of our goverment the Supreme Court is supposed to stay above the fray and make sound, rational choices based on the history of law and the Constitution.  It is supposed to stand apart from the rapidly changing ebbs and flows of emotions and make ruling consistent with what our forefathers might have been thinking.  Obviously I understand how there can be differences of opinion of what our forefathers meant and how some laws could be intrepreted but that is the beauty of the Supreme Court.
 
It is my opinion that since 2000, the Supreme Court has stepped into the partisan battle that is Washington.  While granted a President nominates a judge and the Congress approves that judge it is my hope that we don't fundamentally put in Republicans or Democrats into the seats.  Unfortunate of late there seems to be a decisiveness among the Judges leading me to believe that the one last non-partisan entity in Washington has disappeared.
 
This week though it appears that the Court has somewhat changed my opinion and run against its own current especially the Chief Justice.  In not striking down Obamacare, the Chief Justice said in the majority decision, “We do not consider whether the act embodied sound policies. That judgment is entrusted to the Nation’s elected leaders. We ask only whether Congress has the power under the Constitution to enact the challenge provisions.” In breaking with his more conservative judges the Chief Justice restored some of my faith in our nation's law makers.  Let's hope this becomes the new trend.

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