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xchrom

(108,903 posts)
Tue Jul 1, 2014, 03:34 AM Jul 2014

Hartmann: The Radical Right Wing Supreme Court Is Acting Like It's a Monarchy

http://www.alternet.org/hartmann-radical-right-wing-supreme-court-acting-its-monarchy

It's time to review Judicial Review.

Nowhere in the Constitution is the Supreme Court given the power to strike down laws or to create law. That is a power exclusively held in the first and second branches of government: the Presidency and Congress.

Even most modern constitutional monarchies do not allow their monarchs to interfere in the lawmaking process. But the Roberts Court has decided that it’s a monarch and that the United States is a constitutional monarchy.

Today, the court released critical rulings about public employees and about Obamacare.

In the former, the court invented a new category of public employee to decide the case, a classic case of legislating from the bench. In the latter, they created a new form of medical category, again creating law from the bench.
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