Archive for July, 2015

Courts Decide

Friday, July 3rd, 2015

The Supreme Court recently did what they are empowered to do – make decisions based on their best interpretation of the constitution.

The Constitution provides for an independent judiciary for a reason. We are a nation of laws where the power of the majority does not trump the rights of the minority. Our federal judges are appointed to reduce political influence.

The court also decides issues that we can’t resolve at the ballot box.

During this time of deep political polarization, every decision produces a backlash of second guessers. The same court they agreed with yesterday somehow betrayed them today. You’ll likely see some of that across the Internet with appropriate doomsday predictions.

Americans deserve leadership that can actually fix our broken health care system, and they are certainly not getting now from Washington, DC. Jeb Bush

From the beginning, it was clear that ObamaCare would fail the American people and this has proven to be true across the country and in Wisconsin. Scott Walker

The reality is that while not perfect, Obamacare is meeting its goals. Over 10M insured and the healthcare growth rate has slowed to its lowest rate in decades. This despite the fact that 25 Republican states have refused to expand Medicare. Also NOT ONE Republican candidate has produced a detailed replacement plan that can be scored against Obamacare.

I will not acquiesce to an imperial court any more than our Founders acquiesced to an imperial British monarch. We must resist and reject judicial tyranny, not retreat. Mike Huckabee

This decision will pave the way for an all out assault against the religious freedom rights of Christians who disagree with this decision. This ruling must not be used as pretext by Washington to erode our right to religious liberty. Bobby Jindal

The states are the proper place for these decisions to be made, and as we have seen repeatedly over the last few days, we will need a conservative president who will appoint men and women to the Court who will faithfully interpret the Constitution and laws of our land without injecting their own political agendas. As a result of this decision, the only alternative left for the American people is to support an amendment to the U.S. Constitution to reaffirm the ability of the states to continue to define marriage. Scott Walker

What is funny is that the founding fathers created the judicial branch to protect the people from an imperial exec and legislative branch. Also at the time of the decision, 39 states had already approved gay marriage.

Those that complain about the court being politicized, recommend packing the court with conservative justices as the remedy. Yet, it was supposedly conservative justices who participated in the majority in both cases.

Then there were the appropriate predictions of the apocalypse.

Santorum said stopping gay people from marrying was about “the survival of our country.”

Sen. Ted Cruz said it was “the darkest 24 hours in our nation’s history.”

Santorum might be correct if the country were exclusively populated by gay men, but it’s not. We are, in fact, in the midst of a baby boom. So clearly there are plenty of people still willing to contribute to the next generation even if that generation includes some married gay people.

As far as dark hours, at least from an existential perspective, this one isn’t very high on the list. Pearl Harbor, 9/11, the murders of the Kennedy’s, MLK, and Licoln; the Great Depression, the Great Recession, the Civil War, and Valley Forge all come to mind well before we get to this most recent SCOTUS decision.

Here’s what was actually decided.

Affordable Care Act The dispute was over six of the 363,086 words in the law. The part of the law said that insurance purchased through “an exchange established by the state” qualified for subsidies. Narrowly interpreting the law in this fashion, according to the court, led to many more serious contradictions throughout the rest of the law. The court decided (6-3) that Congress intended ACA subsidies to apply regardless of how insurance was purchased. The court encouraged Congress to be more careful in the future and left open the option for future legislation on the subject.

Same Sex Marriage The court decided (5-4) that adults have the constitutional right to marry. States can’t limit that right based on sexual preference. This decision doesn’t affect state laws regarding children, monogamy, or bestiality. It doesn’t affect who churches decide to marry. It doesn’t compel any business to change their practices. It only requires states to provide marriage licenses to all adults who apply for them and meet the requirements of that state (not already married, no sexually transmitted diseases, etc.).

There are certainly those who feel that this decision violates their religious beliefs. I would only remind them that similar religious arguments were used to support slavery, oppose female suffrage, support segregation, and oppose interracial marriage. Very few legitimate churches support those views today.

The courts aren’t perfect, but they do serve a vital role in our democracy. While I welcomed these decisions, I too was deeply disappointed by others (e.g. Citizens United). We all have the right to disagree, but we also have the responsibility as citizens to respect this constitutional process. If you want change, vote.