Judicial Activists Undermine the Democratic Process

by Ken Connor, Center for a Just Society

Last week, President Obama made news when he suggested that it would be “unprecedented” for the Supreme Court to declare unconstitutional a law passed by a “strong majority of a democratically elected Congress.”  His comments were prompted by the less than favorable reaction of the Supreme Court during oral arguments on the constitutionality of his crowning achievement, the Affordable Care Act, a.k.a Obamacare.

It is no small irony that this most liberal of Presidents is howling like a cut dog about the possibility that “judicial activists” may upend his healthcare plan.  Liberals have historically favored an activist judiciary because they liked the social agenda that was being advanced by activist judges.  Conservatives, on the other hand, have complained bitterly that liberals were advancing their agenda through the courts, bypassing the people’s elected representatives in the legislative branch.  Now it appears that Mr. Obama fears the shoe may soon be on the other foot, and already he is complaining that he doesn’t like the fit.     Continue reading . . .

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