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To: hobbes1
“Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them,” Chief Justice John G. Roberts Jr. wrote for a united six-justice majority..
In that sentence, Roberts punts back Former Justice Marshall's over arching standard of Judicial Review. ...
That’s a good thing.

BS! He amped up judicial review on steroids, and amped up bureaucratic rewriting of the law in the process. With that sentence (and the sentence that followed it) he said that if the clearly written words of the law have an actual effect that is contrary to the rainbows and unicorns intent of the law, then the administration's bureaucrats in the IRS or other agencies, and the courts themselves are free to revise the law in whatever manner suits them.

42 posted on 06/25/2015 2:11:23 PM PDT by VRWCmember
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To: VRWCmember

Well said


44 posted on 06/25/2015 2:32:19 PM PDT by WhyisaTexasgirlinPA
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To: VRWCmember

Obamacare is our first “enabling act” as a nation. Not a law, per se, but a grant of power to the govt bureacrats. Other agencies have the pretense, at least of writing regulations to put the passed legislation into place.

This is just “Congress wanted to do this so we do what we want” and nevermind the statute.

Of course, as I said, this is better politically for us.


46 posted on 06/25/2015 3:14:28 PM PDT by SoothingDave
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To: VRWCmember

Right.

He said, It’s Congress’ problem.

And...followed by saying the very next day, “Court is not a legislature”

In both instances, he deferred to the political process.

You will note, that Obamacare still survives despite Republican Control of both Houses of Congress.
Let Boehner and Mitch do the jobs they get paid for.

Now, I have an issue with (as did Scalia) with the denial of “The State” being a term of specificity....

The court should never have been the final arbiter of right and wrong, John Marshall’s abortion finally got it’s death sentence.

Judicial review was not written into the Constitution, it was created out of gossamer


55 posted on 06/26/2015 8:26:58 PM PDT by hobbes1 (Hobbes1TheOmniscient® ...)
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