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But for now, the left’s faith in the Court has been restored. For years, they’ve bashed it as a right-wing tool, a conservative hatchet. The day before the ruling, NPR asked, “Is the Roberts court the most partisan Supreme Court in history?” Back in 2011, the same Bloomberg News reported, “Roberts Supreme Court’s Partisan Split Shows New Justices Are Predictable.” A few days before the ruling, Robert Creamer wrote, “Overturning Obamacare Would Make Roberts Court Most Activist, Partisan in Modern History.” Politico wrote during the Obamacare hearings, “If the wily chief justice felt squeamish about leading the Supreme Court into an election-year political maelstrom, that was nowhere on display Tuesday, when the Roberts-led conservative majority signaled its collective skepticism, even hostility, for President Barack Obama’s health care law.” At the same time, the New York Times penned, “Many legal scholars, including some conservatives, have been predicting that the Supreme Court will uphold the 2010 health care overhaul. But after Tuesday’s arguments, when several justices asked skeptical questions about the heart of the law, a political lens seemed relevant, too.”
Getting the message? The Court’s partisan when it rules according to the Constitution – or at least when the outcome doesn’t uphold liberal legislation. The Court’s non-partisan when it does the bidding of Congressional and presidential leftists. How convenient.
In reality, the Court’s not supposed to be conservative or liberal. It’s supposed to be constitutional, worried only about the letter of the Constitution and whether government is acting within its prescribed bounds. Of course, it’s been near a century since a Court did that. Never has the Court been more political. No longer can Americans rely on the Supreme Court to provide a check or balance on the other two branches of government. If we want to uphold Constitutional principles, we’ll have to do it ourselves, by electing constitutional conservatives.
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