Perusing liberal blogs today has been a hoot. The Left Wing is in hysterics (for example, see Blue Virginia). At least it uses a nice picture of Attorney General Ken Cuccinelli. More composed, of course, but no less disingenuous, is the White House itself. Stephanie Cutter, writing on its blog, posted the following:
Having failed in the legislative arena, opponents of reform are now turning to the courts in an attempt to overturn the work of the democratically elected branches of government.
The federal government believes this procedural ruling is in error and conflicts with long-standing and well-established legal precedents . . . designed to preserve the "judiciary’s proper role in our system of government" and to ensure that our courts do not become forums for political debates.
Now that this preliminary stage has ended, the government fully expects to prevail on the merits. The Affordable Care Act falls well within Congress’s power to regulate under the Commerce Clause, the Necessary and Proper Clause, and the General Welfare Clause.
So little written, so much nonsense. Regarding activist courts, the Left Wing should know better. Much better. But they often prove not understand the U.S. Constitution — or purposefully misguide: The courts were put in place as a safeguard against government encroachment on individual liberty. So, when the government overreaches (especially when new requirements are established), individuals, localities and states have recourse. It is the check against the ruling class which, if not held back, could easily consolidate all power unto itself. By the White House's logic no law can be overturned as long as it is — by definition — passed by Congress and signed by the president. Absurd!
Real judicial activism is legislating from the bench, rather than undoing a law, or something not previously on the books. So the White House has it only half correct, but it is liberals who, over the decades, when failing to get legislation passed into law, have resorted to seeking decrees from courts to invent laws and "rights" nowhere to be found in the constitution. There was no more frank admission of this than the infamous remark by now-Justice Sonia Sotomayor where she said, "The court of appeals is where policy is made." (See YouTube.)
The White House also cities numerous clauses, a debate it assuredly doesn't want to have — at least not before it finishes debating itself. None of the clauses mentioned empower the government to force people to purchases something they may not use. Knowing this, the Justice Department argued at the hearing to dismiss on July 1 that the law comes under the taxing authority of the constitution. But at every turn, including his campaign and during the shambolic legislative process leading up to the health care vote, Barack Obama and Congressional liberals said it was not a tax bill.
As a candidate, Mr. Obama went so far as to oppose an individual mandate, opposition to which is the thrust of Attorney General Cuccinelli's argument (see news release). That the White House and its own DOJ are on separate pages tells us much and perhaps liberal bloggers need rant at them before taking aim on the attorney general. Even bloggers at the White House.