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The upcoming Voting Rights Act ruling will expose those Supreme Court justices--both conservative and liberal--who practice judicial activism.
Rather than await the decision on the Affordable Care Act, President Obama decided to attack preemptively with error-filled claims about the place of judicial review in our constitutional system. Judicial review springs from the duty of a court, when deciding a case before it, to enforce the Constitution over a conflicting act of Congress.
Supreme Court Justice Ruth Bader Ginsburg likes the Indian Health Care Improvement Act and other ingredients of the Patient Protection and Affordable Care Act, aka “Obamacare.” Why, she asked toward the end of three days of hearings, shouldn’t the court keep the good stuff in Obamacare and just dump the unconstitutional bits?
Congressional leaders are considering a balanced-budget amendment to the Constitution. There are three reasons to suspect that judicial enforcement of a federal balanced-budget amendment would be more problematic than at the state level.
Elena Kagan's inability to understand the limited judicial role implied by the Constitution combined with her complete lack of experience, sparse academic writings, and deliberately evasive testimony before the Senate Judiciary Committee makes her unfit to serve on the Supreme Court.
The Supreme Court ruling in the Citizens United case will greatly impact the 2012 election. Candidates running in 2012 will now have the additional burden of campaigning against "independent" organizations running ads about them.
No state or federal legislative body has voted for same-sex marriage, and most have voted against it by large margins. So the prospect that the courts will make it the law of the land on their own raises issues of constitutional law and judicial activism that go beyond the issue...
Thiseye-opening dispatch on the culture war traces the dangerous influence of overreaching courts around the world.





