Challenging ObamaCare in Court and Judicial Activism v. Judicial Engagement

January 6th, 2010

From the Hill, Republicans see courts as last line of defense vs. Democrats’ agenda (H/T @IJ)

Republicans and allied groups say they will spend millions to oppose healthcare reform and other Democratic initiatives in the courts, which they see as a last line of defense against President Barack Obama’s agenda.

Republicans claim that healthcare reform is subject to challenge on various constitutional grounds, and conservative activists say they are willing to raise millions to wage that battle.

In Congress, Republican Sens. Orrin Hatch (Utah) and John Ensign (Nev.) have led arguments against the constitutionality of the Democratic healthcare reform proposal.

Aint it funny how Republicans want the Courts to challenge the elected branches when liberals are in charge, but want the Court to be a mere rubber stamp when it threatens a conservative agenda? This brings into focus, clearly the debate between judicial activism (a term I loathe because it has no real meaning) and judicial engagement.

The Court should consider the Constitutionality of Laws passed by both sides of the aisle. Be consistent.

It bothers me to no end that we have to rely on 5 Justices to ensure the Constitution is respected, as the President and Congress stopped caring about the rule of law and enumerated powers, long ago. But seeing that Article I and Article II went galt, so to speak, it is up to Article III to vindicate the Constitution. I’m not too optimistic.