Tags: Gay Marriage | gay | marriage | ruling. overreach | conservatives

McCarthy: Supreme Court is Legislating from the Bench

By    |   Saturday, 27 Jun 2015 09:30 AM

By saving Obamacare, which is now also known as "SCOTUScare" following Justice Antonin Scalia's dissent, and by ruling that same-sex marriages would be allowed nationwide, the Supreme Court showed yet again that it legislating from the bench, Andrew McCarthy said Saturday, even though Chief Justice John Roberts declared Friday that "this court is not a legislature."

"Roberts actually published that sentence in his same-sex marriage dissent on Friday, a mere 24 hours after his maestro’s performance in the Supreme Court’s legislative rewrite of the Affordable Care Act," McCarthy, a policy fellow at the National Review Institute, wrote in a Saturday opinion piece for The National Review.

Roberts not only bypassed Congress' legislative role with his decision on the nation's health care law, but he claimed powers to "divine legislative purpose" from its language and then "manufacture legislative ambiguity" to twist the words to serve the purpose.

"It takes a Clintonian quantum of cheek to pull that off one day and, on the next, to inveigh against the very thought of it," McCarthy said.

The court's action is the second lifeline tossed to the president's health care plan in three years, said McCarthy. The court also used a "heretofore unknown constitutional right" for same-sex marriage more than a century after the Fourteenth Amendment was adopted and refashioned Congress' Fair Housing Act to embrace the "disparate impact" theory of inducing discrimination.

But, McCarthy wrote, there was no speculation about how the four progressive justices on the court would vote, and none of the opinions were authored by the four: Ruth Bader Ginsburg, Stephen Breyer, Elena Kagan, and Sonia Sotomayor. But there was no need, as they are "the Left's voting bloc" and there was "a better chance that the sun would not rise this morning than that any of them would wander off the reservation."

It's not so much that they move "in lockstep" but that nobody expects any more of the them,  he writes, and he includes their fellow justices, the political branches, and pundits on either side of the issue,

"It is simply accepted that these justices are not there to judge,"he argued. "They are there to vote."

As this is the case, McCarthy said, the "pretense" should be dropped that the court is worthy of the protections the system designed for a non-political entity, including life service, no elections, and a veil of secrecy, and if justices are going to do politics, they should be elected.

"If, for old times’ sake, we want to maintain some harmless vestige of the charade, then let them keep wearing their robes to work — for at least as long as they can persuade voters to keep them in these jobs," said McCarthy.

But the court is not unique in being ruled by progressives, he said, but instead is part of the political class it represents when it passes its rulings in late June.

"The president rules unilaterally and in contravention of the laws," McCarthy said. "Half of Congress applauds, the rest shrugs and says there is nothing to be done."

The court, though, is not about the law, he concluded, "or even expected to be. That time is gone."

© 2017 Newsmax. All rights reserved.

   
1Like our page
2Share
Headline
By saving Obamacare, which is now also known as SCOTUScare following Justice Antonin Scalia's dissent, and by ruling that same-sex marriages would be allowed nationwide, the Supreme Court showed yet again that it legislating from the bench, Andrew McCarthy said Saturday,...
gay, marriage, ruling. overreach, conservatives
544
2015-30-27
Saturday, 27 Jun 2015 09:30 AM
Newsmax Inc.
 

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

NEWSMAX.COM
America's News Page
© Newsmax Media, Inc.
All Rights Reserved