Wednesday, July 01, 2015

Roberts Deriliction

vichyssoise gummint

I'm avoiding the news for the next few days or weeks. Can't take it anymore.
BUT here's an excellent summary that pretty well sums it all up. Mark Miller

Since the New Deal, courts have permitted almost any legislative infringement of economic liberty that can be said to have a "rational basis." Applying this extremely permissive test, courts usually approve any purpose that a legislature asserts.
Courts even concoct purposes that legislatures neglect to articulate. This fulfills the Roberts Doctrine that it is a judicial function to construe laws in ways that make them perform better, meaning more efficiently, than they would as written by Congress.

Thursday's decision demonstrates how easily, indeed inevitably, judicial deference becomes judicial dereliction, with anti-constitutional consequences.

We are, says William R. Maurer of the Institute for Justice, becoming "a country in which all the branches of government work in tandem to achieve policy outcomes, instead of checking one another to protect individual rights. Besides violating the separation of powers, this approach raises serious issues about whether litigants before the courts are receiving the process that is due to them under the Constitution."

The Roberts Doctrine facilitates what has been for a century progressivism's central objective, which is the overthrow of the Constitution's architecture. [ObamaCare Ruling Is Judicial Dereliction]


I began to grow up after being introduced to George Will, lo these many years ago.  But Mr. Will is, alas, too gentlemanly for my taste.  After years of Sunday morning watching, I finally tired of  waiting for him to punch Sam Donaldson in the face and, while still wondering if he was banging Cokie Roberts, I stopped watching Brinkey Sunday and moved on to Ann Coulter. But the man is  smart.  And he has punched Judge Roberts in the puss. 


Anonymous said...

Except him, (and Krauthammer, and most of the rest of the anointed 'conservative pundits) always and I mean always cave when it comes time to walk the walk. Their columns are great, but they're all talk all the time. Witness their collective responses to every debt ceiling, govt shutdown or any other actual opportunity we've had to meaningfully strike back. a pox on them all!

Anonymous said...

And Peggy Noonan, whose columns I used to love reading, admitted a couple of years ago that she was "surprised" that the president wasn't quite as inclusive as he had seemed back in 2008. Gee Peggy, get a clue!

Post a Comment

Just type your name and post as anonymous if you don't have a Blogger profile.