Supreme Court Stealing Our Liberty

By Steven A Leahy

Over the next several weeks I am going to review recent Supreme Court of the United States (SCOTUS) opinions that, in my opinion, evidence of our diminishing liberty. Each time the SCOTUS decides a case that is clearly not based on the Constitution or the actual language of the statute – the citizens lose; even if one may agree with the outcome.

The four cases from this last session I will review are KING ET AL. v. BURWELL (King v. Burwell), SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL., ARIZONA STATE LEGISLATURE v. ARIZONA INDEPENDENT REDISTRICTING COMMISSION (Az State Legislature v. AIRC), OBERGEFELL ET AL. v. HODGES, DIRECTOR, OHIO DEPARTMENT OF HEALTH, ET AL. (Obergefell v. Hodges), and TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS ET AL. v. INCLUSIVE COMMUNITIES PROJECT, INC., ET AL. (Texas DOHCA v. ICPI).

Let’s begin with a summary of each case and the issues the court faced. King vs. Burwell is the case involving the Affordable Care Act (ObamaCare). The court was asked to determine if the words “Exchange established by the State” means “Exchange established by the State.” In Obergefell v. Hodges, the court was asked to determine if the Constitution Regquires every state in the Union to recognize same sex marriage. The Court in AX State Legislature v. AIRC was asked if the word “Legislature” really means “The people.” And finally, in Texas DOHCA v. ICPI the court was asked if discrimination, to be actionable, must be intentional, or can a statistical analysis showing “disparate impact” on minorities be enough to prove “unconscious prejudices.” such a way as to make the statute unnecessary.

The SCOTUS, with these decisions, has eroded all of our freedoms. This trend is only growing more brazen with each passing term. If our Constitution and our statutes mean what 5 judges say it means, no matter the words used, then we are no longer a nation of laws – we have become a nation of subjects.

Justice Scalia, Thomas and even Roberts have some harsh words for their colleagues dissenting from these decisions. At least they recognize the danger we are all in when our Constitution becomes a “living breathing document,” with absolutely no meaning at all. Many have fought and died for that document. All of our federal leaders have taken an oath to uphold the Constitution. These decisions should demonstrate the disconnect between that oath, and their actions.

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