One would like to think that any court, especially the Supreme Court, would rule based on the Constitution. In an ideal world the judges would look at a case and compare it to what is allowed in the Supreme Law of the land and then decide if it passes muster or not.
Unfortunately, our country is not like that as many judges ignore the Constitution in order to push a political or idealistic agenda. For instance, there is no way that a case involving the right of an American citizen who is not otherwise disqualified (criminal, mental illness, addiction, etc) to own a gun should be shot down by any court. The fact that Second Amendment cases have been 5-4 decisions in our highest court speaks volumes about how some justices view the Constitution and the citizens who own that document.
Today the Supreme Court struck down three of four provisions of the Arizona Immigration Law, a law that was written with the same wording as the federal law and one that did nothing more than enforce ALREADY existing federal law.
Chief Justice Roberts voted with the majority on this and there might be a good reason. Justice Kagan recused herself because she was Solicitor General and was involved in the case against the law. If Roberts votes the other way the decision is split at 4-4 and the lower court ruling that invalidated the entire thing would be upheld. At least this way Roberts ensured that the most important part of the law, that which allows police officers to check immigration status, was upheld.
There is another take on this that I have heard and it is that Roberts voted this way because Obamacare is going to be overturned (or parts of it are) and Roberts wants to be able to show the Arizona case as proof that he is thoughtful in his process and that overturning Obamacare was not political.
It is sad that this takes place but the Court has been a political entity since FDR fiddled with it. Justices are selected based on their political ideology and less so on their judicial qualities. Presidents put people on courts not who will uphold the Constitution but who will provide political decisions in a party’s favor. If justices ruled by interpreting the Constitution (and this means reading what the Founders wrote about what it means and not some liberal living document mumbo jumbo) then there would be no issues and there would be fewer 5-4 decisions.
There would also not be a necessity for justices to vote one way to demonstrate that their decisions are not political. There would be no outcry over judicial activism and we would not have Barack Obama and his liberal minions berating the court and trying to intimidate them.
Supreme Court Justices are supposed to interpret law in accordance with the Constitution and base their decisions ONLY on that document. There should be no reference to foreign law or public feeling or opinion polls and there darn sure should not be decisions that run contrary to the words of the Constitution and those who wrote it.
We have these things because nine people sit on a court and play games.
As an aside, Justice Scalia wrote agreat dissenting opinion in the Arizona Case. His was well reasoned and followed the Constitution. It is too bad others could not do this as well.
I think that Roberts voted the way he did in order to keep the entire law from being shot down because of the split. But I can’t help but wonder if he feels as if this were a blessing because now he is on record as voting with the liberals on the Court in favor of Obama’s position so that when Obamacare is shot down (if it is) he will have cover.
It is a shame that our system of government has come to this and unless changes are made we will soon hit a death spiral from which we cannot recover.
On Thursday of this week we will know how Obamacare plays out. We will know if the Court takes its job and its duty to the Citizens seriously or if they have committed us to the loony bin of a banana republic.
Time will tell. I think at least part of the law will be struck down but with politics instead of adherence to the Constitution the MO of the SCOTUS, one can never tell.
Justice Kagan recused herself from this decision because of her role as Solicitor General. She should have recused herself from Obamacare but since she was placed on the Court by Obama to uphold it you can bet she will vote on it.
Though it might get interesting if she did recuse. That would make it a 4-4 and things would really be boogered up.
We will see Thursday if we are a nation of laws or a nation of men.
Never surrender, never submit.