02 April 2012

ObamaCare: Opening Shout in the Kinetically Active Battle Royale

While entertaining the heads of state of both Canada and Mexico, President Obama got in a comment about his bill, the Affordable Care Act, and it's fate before the US Supreme Court. In his statement, he assured his audience he was "confident the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically-elected congress". What?

Read more: Obamacare cannot be overturned by a "unelected group" practicing "Judicial Activism"

One would think a student of the constitution would recall one or two examples of just this action in the past. After all, these decisions of the court to overturn established laws passed by congress had wide ranging ramifications when these decisions came down. Many were not popular, but evidently they were in keeping with the constitution. Like them or not, agree with them or not, the facts are the Supreme Court has acted as the protector of the Constitution, in the long run probably a good thing.

Courtesy of InfoPlease, here is a partial list from the past, decisions where laws were overturned by the Robed Nine.

Plessy v. Ferguson was the infamous case that asserted that “equal but separate accommodations” for blacks on railroad cars did not violate the “equal protection under the laws” clause of the 14th Amendment. By defending the constitutionality of racial segregation, the Court paved the way for the repressive Jim Crow laws of the South. The lone dissenter on the Court, Justice John Marshall Harlan, protested, “The thin disguise of ‘equal’ accommodations…will not mislead anyone.”
Brown v. Board of Education of Topeka invalidated racial segregation in schools and led to the unraveling of de jure segregation in all areas of public life. In the unanimous decision spearheaded by Chief Justice Earl Warren, the Court invalidated the Plessy ruling, declaring “in the field of public education, the doctrine of ‘separate but equal’ has no place” and contending that “separate educational facilities are inherently unequal.” Future Supreme Court justice Thurgood Marshall was one of the NAACP lawyers who successfully argued the case.
Gideon v. Wainwright guaranteed a defendant's right to legal counsel. The Supreme Court overturned the Florida felony conviction of Clarence Earl Gideon, who had defended himself after having been denied a request for free counsel. The Court held that the state's failure to provide counsel for a defendant charged with a felony violated the Fourteenth Amendment's due process clause. Gideon was given another trial, and with a court-appointed lawyer defending him, he was acquitted.
New York Times v. Sullivan extended the protection offered the press by the First Amendment. L.B. Sullivan, a police commissioner in Montgomery, Ala., had filed a libel suit against the New York Times for publishing inaccurate information about certain actions taken by the Montgomery police department. In overturning a lower court's decision, the Supreme Court held that debate on public issues would be inhibited if public officials could sue for inaccuracies that were made by mistake. The ruling made it more difficult for public officials to bring libel charges against the press, since the official had to prove that a harmful untruth was told maliciously and with reckless disregard for truth.
Miranda v. Arizona was another case that helped define the due process clause of the 14th Amendment. At the center of the case was Ernesto Miranda, who had confessed to a crime during police questioning without knowing he had a right to have an attorney present. Based on his confession, Miranda was convicted. The Supreme Court overturned the conviction, ruling that criminal suspects must be warned of their rights before they are questioned by police. These rights are: the right to remain silent, to have an attorney present, and, if the suspect cannot afford an attorney, to have one appointed by the state. The police must also warn suspects that any statements they make can be used against them in court. Miranda was retried without the confession and convicted.
Roe v. Wade legalized abortion and is at the center of the current controversy between “pro-life” and “pro-choice” advocates. The Court ruled that a woman has the right to an abortion without interference from the government in the first trimester of pregnancy, contending that it is part of her “right to privacy.” The Court maintained that right to privacy is not absolute, however, and granted states the right to intervene in the second and third trimesters of pregnancy.
Regents of the University of California v. Bakke imposed limitations on affirmative action to ensure that providing greater opportunities for minorities did not come at the expense of the rights of the majority. In other words, affirmative action was unfair if it lead to reverse discrimination. The case involved the University of Calif., Davis, Medical School and Allan Bakke, a white applicant who was rejected twice even though there were minority applicants admitted with significantly lower scores than his. A closely divided Court ruled that while race was a legitimate factor in school admissions, the use of rigid quotas was not permissible.
Grutter v. Bollinger upheld the University of Michigan Law School's consideration of race and ethnicity in admissions. In her majority opinion, Justice O'Connor said that the law school used a “highly individualized, holistic review of each applicant's file.” Race, she said, was not used in a “mechanical way.” Therefore, the university's program was consistent with the requirement of “individualized consideration” set in 1978's Bakke case. “In order to cultivate a set of leaders with legitimacy in the eyes of the citizenry, it is necessary that the path to leadership be visibly open to talented and qualified individuals of every race and ethnicity,” O'Connor said. However, the court ruled that the University of Michigan's undergraduate admissions system, which awarded 20 points to black, Hispanic, and American-Indian applicants, was “nonindividualized, mechanical,” and thus unconstitutional.
In Ayotte v. Planned Parenthood of Northern New England, a challenge to a New Hampshire law that prohibits doctors from performing an abortion on a minor until 48 hours after a parent has been notified is heard. The Supreme Court rules that the government cannot restrict abortions when one is required during a medical emergency.
In Gonzales v. Carhart, the court no longer requires that the regulation of abortion by government must protect the mother's health.
In Citizens United v. Federal Election Commission, the Supreme Court ruled, 5–4, that the government cannot restrict the spending of corporations for political campaigns, maintaining that it's their First Amendment right to support candidates as they choose. This decision upsets two previous precedents on the free-speech rights of corporations. President Obama expressed disapproval of the decision, calling it a "victory" for Wall Street and Big Business.
InfoPlease Supreme Court Overturned Laws

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