The Supreme Court of the United States has made a mockery of the U.S. legal system this week, handing down two landmark decisions that are completely at odds with the Constitution. This is judicial activism at its worst.
Yesterday, the Roberts Court once again put on a spectacular show of legal gymnastics in order to find a way to uphold Obamacare. The Court actually ruled that the word of law does not matter. The majority found that the provision in Obamacare referring to exchanges “created by the State” actually meant any exchange, even if it wasn’t set up by the state!
So tortured were the Court’s legal arguments, Justice Antonin Scalia wrote in his dissent that “[w]e should start calling this law SCOTUScare.” He went even further to say that this case “will publish forever the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites.”
Justice Scalia called the whole ordeal “interpretive jiggery-pokery.”
The real tragedy of this ruling, in addition to holding up Obamacare, is that the words of a statute can now be interpreted without regard to their plain meaning. Judges are now free to interpret language any way they wish. Americans have witnessed a monumental shift in the rule of law – a shift that will have far-reaching and long-lasting negative effects on our nation.
Unfortunately, it didn’t stop there.
This morning, the Supreme Court legalized same-sex marriage, issuing a ruling that says states are required to issue same-sex marriage licenses. This ruling, which the dissent wrote “is an act of will, not legal judgment,” flies in the face of the 10th Amendment, which says that all rights not granted to the federal government are left to the states.
The Supreme Court today not only trampled on the U.S. Constitution, but also the Texas Constitution, which says that marriage is between one man and one woman. I, like the overwhelming majority of Texans who voted for our constitutional amendment banning same-sex marriage, am guided by my faith. I believe wholeheartedly that God intended marriage to be between a man and a woman only. It is unconscionable that the Supreme Court would cast away the traditional definition of marriage with the stroke of a pen.
Though we are disheartened by the Supreme Court’s recent decisions, it is important to remember that elections have consequences. It is time to elect a president who will repeal Obamacare and appoint Supreme Court Justices who will uphold the law, not rewrite it.