Monday, September 28, 2020

What might Amy Coney Barrett do to Obamacare?

 I hear a lot of whining from Democrats about Judge Barrett and Obamacare.  To hear the Democrats tell the story, she will do something (unspecified but awful) to destroy Obamacare.  This should NOT be a judicial issue.  Obamacare, like medicare and medicaid and social security and a lot of other stuff should be acts of Congress, passed by both houses and signed by the President.  If the court rules Obamacare unconstitutional, Congress can fix the law, or do a constitutional amendment to make it constitutional.  But it is up to Congress to pass something, it is not up the the courts.  

   America is a democracy, which means laws are supposed to be made by an elected legislature, whose members have to stand for reelection every few years.  Not by appointed judges with lifetime tenure.  

   Unfortunately pressure groups have been able to talk US courts into approving new laws that would never pass a legislature, and now they expect to be able to repeat that process to pass their next piece of new law.  It is easier to convince 5 Supremes to rule their way on something than to convince 200 odd US representatives to all vote their way.  Judge Barrett says she is against legislating from the bench.  Her judicial rulings bear this out.  And she looks like an honest person whose word is good. 

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