The founders set up three branches of government, not two. Regardless of whether Congress passes the buck to the SC or not with the crazy laws they might pass, I expect the Supreme Court to do their job. You’re essentially saying because the Congress did not do their job, the SC doesn’t have to do theirs. Sorry, I don’t agree.
The Supreme Court took an oath to uphold the Constitution. They did not today.
The CJ is acting like every other CJ in the history of the Court in that they defer to the legislative branch whenever possible. As the CJ said if the voters don't like the law they can elect new representatives and change it, that is the traditional role of the court.
I think Roberts is putting the idiots in Congress on notice that for the next 30-40 years they cant depend on the Supreme Court to do the job they were elected to do...
One of the problems with having the Supreme Court rule on ObamaCare in June 2012 is that most of the legal arguments against ObamaCare cannot be brought up in court ... YET.
You and I, for example, cannot file a legal challenge to ObamaCare because we don't have the legal standing to do it. The reason for this is that the most pernicious aspects of ObamaCare (the individual mandate, for example) aren't even in place yet under ObamaCare -- which means we can't even make an argument in court that we've been harmed in any way.
Imagine, for example, if ObamaCare included a mandate that everyone must be euthanized on his or her 80th birthday ... but that this measure wasn't implemented until 2025 when Social Security, Medicare and the entire U.S. government are bankrupt. We could not file a legal challenge to this provision today under any circumstances. Any Federal judge who knows the law would simply throw the case out of court by saying, in effect: "You have no legal standing to bring this challenge because you cannot demonstrate that you have been harmed in any way. Please come back in 2025 if this stupid law is even on the books at that time."
The Supreme Court decision yesterday was based on very specific challenges brought by 28 states. This is nothing compared to the other legal challenges that are in process now, and will become more numerous as new ObamaCare provisions are implemented. For example, by making a determination that ObamaCare is constitutional on the grounds that it is a "tax," the Supreme Court has made it much more difficult for some other future challenges to be upheld on different grounds (the authority given to the HHS "waivers," for example).