The Supreme Court has jumped the shark. It was hardly a sudden thing. The court has been tending toward lawlessness for a while now, but the reasoning in their recent decisions shows they truly believe they are above the law and the Constitution.
The most notorious was Chief Justice Roberts opinion in the Obamacare case. He asserted that the phrase “established by the state” was ambiguous.
That was ludicrous. I can’t imagine this level of legal logic would be excepted from a first-year law student. The contextually obvious intent was to permit only one type of exchange to authorize subsidies. There’s no other way to read it. The words “established by the state” could not possibly mean “established by the state or federal government”.
By feigning confusion over this exceptionally clear language, the chief justice opened the way for a court majority to rewrite the law as they would like it to be, which of course they did. This technique employed by Roberts is all-purpose. There’s really nothing in the Constitution or law that can’t be declared “ambiguous” and thus subject to the personal opinions of the big nine.
The court no longer makes much effort to appear judicial in nature. Breyer, Ginsberg and especially Sotomayor and Kagan know their job is to advance certain policy positions regardless of the law and they don’t mess around. They normally don’t bother with the niceties of the law or even write opinions when they can hide behind the skirts of others. They cast their dependable vote and that’s it.
The rest of us have to abide by the law or suffer the appropriate sections. Only the Supreme Court can apparently ignore it without peril.
Editor’s note: Mr. Patterson writes a blog on the Independent’s website at http://arizona.newszap.com/blogs/speakingfreely.
The Apache Junction Independent is delivered weekly.