Saturday, December 15, 2018

Overreaching, Judicially, Conservatively

WE ARE TOLD, repeatedly, by the conservative community that the appointment of liberal judges to the bench is unacceptable, not because they might offer renderings which reflect a liberal point of view, but because they tend to "make law from the bench", they "overreach", they legislate, rather than interpret the law, which is properly the domain of elected legislators. Not surprisingly, conservatives tend to identify judicial overreach with findings which reflect a liberal point of view. Suddenly, unexpectedly, a federal judge, a very conservative federal judge in Texas has ruled that the Affordable Care Act, affectionately known as "Obamacare", is unconstitutional, perhaps because the word "Obamacare" does not appear in the constitution. Obamacare was, as everyone knows, enacted duly by an act of congress in 2010, and signed into law, duly, by the president, Barack Hussein Obama. (the middle name "Hussein" has been used by conservatives as evidence that Obama is Islamic, in typically fatuous conservative style). The supreme court has failed to find the law unconstitutional, even though it has had countless opportunities to do so. That supreme court, however, did not included justices Gorsuch or Kavanaugh; the current court might well agree with the federal judge in Texas. What will be the conservative reaction to this latest ruling? Will we hear accusations of "judicial overreach"? Will we hear charges from the right that the Texas judge is legislating from the bench? You can bet your house that no such hue and cry will be heard, because, in fact, conservatives are not concerned about justices legislating from the bench,, so long as their "legislative" decisions produce a result favorable to conservatives. You might expect American conservatives to recognize, and do ameliorate this hypocrisy, but, considering that the conservative community is largely composed of Christians, who support a president who on a daily basis displays cruelty, racism, hatred, and has a proclivity for adultery, don't hold your breath.

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