Monday, March 22, 2010

Cannot Depend On Supreme Court



This
article surprised me a bit, especially coming from The American Thinker.

Unless our conservatively minded justices are much less capable than I know they are, they will not be seeking vengeance against the Obama administration because of a previous albeit extreme insult. They will judge the case as it is presented on its merits based on constitutional law and precedence.

I expect nothing less. As much as the emotion of the moment and the gravity of the situation colors feelings, including mine, I want to see this bill overturned because it is unconstitutional, not because our fine justices lower themselves to judgment by personal enmity.

Sadly I cannot expect this of the liberal minded justices. They believe in molding the constitution to whatever they are feeling at the moment.

Since SCJs who are of a solid and dependable conservative or constitutional ethos are not in the majority, taking the no-health-care bill to the top court is no slam dunk. Pinning your hopes on this measure may be as safe as pinning them on Bart Stupack.

Ultimately the Supreme Court will hear an Obamacare case. Its decision will be binding. Having control not over how the case is built nor who argues it, I am left to prayer and hope. I wonder if the author of this American Thinker article realizes Obama may have the opportunity to appoint another justice before this case gets there. If he does, it may not disturb the balance of the court since the probably soon to retire one is liberal. But it also gives no reason for confidence.

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