Society & Culture

SCOTUS: What to Watch in 2016

Hope, as they say, springs eternal.  Lately, those of us who believe in the rule of law and an objective interpretation of the Constitution according to the original understanding of those who framed it (and the people’s representatives who ratified it) have been dealt some cruel blows.  The two most prominent are the Supreme Court’s repeated upholding of the Patient Protection and Affordable Care Act (PPACA, or, as it more commonly known, ObamaCare), which clearly upends the basic principle of a federal government restricted to its enumerated powers, and the Court’s imposition of gay marriage on every state, in violation of the Tenth Amendment, whereby the Constitution recognizes that the primacy for domestic law remains with the states.  Yet there is a rhythm to Supreme Court decisionmaking, and sometimes the Court swings back and appears to remember that ours is supposed to be a government of laws, not of men.

The Court’s current term, which will end in late June 2016, offers an extraordinary opportunity for a reaffirmation of sensible jurisprudence, and, quite possibly, five blockbuster cases for Court-watchers to anticipate.  It is just possible that Chief Justice John Roberts and company will do the right thing and remind us that the Court’s job is to preserve, not to amend, the Constitution, that the judiciary is not a legislature but is supposed to be the guardian of our liberties,...

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