April 7th, 2012
By Frank Byronn Glenn -- Congress has the power to create rules, change procedures, outlaw whatever practices it chooses, and otherwise regulate the Supreme Court as it sees fit. In other words, the Supreme Court operates at the full pleasure and discretion of Congress in all matters related to appeals being heard before it.
Article 3, Section 2, of the U.S. Constitution, says: "In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."
It was odd hearing the right wing extremist justices spouting Tea Party talking points
last week in what was supposed to be a prestigious hearing of great gravitas on the Affordable Care Act, a vitally important and long overdue upgrade of our national health care efforts for the American people. But that's all it was: Tea Party and Libertarian talking points. It had almost nothing to do with judicial deliberation or weighty case law and Supreme Court precedents in law. These guys are Tea Part hacks -- or worse. Some Tea Party activists have a little integrity.
Scalia compared the trillion dollar re-work of health care law,
which will provide health care for thirty to fifty million uninsured Americans with the completion of its gradual roll-out in 2014, to forcing people to "eat broccoli" against their wishes.
Another, Aliota, I think, said regulating health care was
like forcing everyone to buy cell phones, or some such poppy-cock, from a particular provider.
The deep, Tea Party right wing extremist anathema
for anything in law or policy benefiting anyone except their wealthiest friends and benefactors eventually creeped into the "deliberations", as we might have expected.
If Congress can do "even this", they ranted. "What else is there that they cannot do?"
"All bets are off"!
exclaimed Chief Justice Roberts, as if palms up -- feigning despair.
And in other discussions, both in the hearings
and in the press, the conservative justices -- the STARK, I call them (Scalia, Thomas, Aliota, Roberts, and Kennedy) -- when and where does this unfathomable over-reach end?
Well, oddly enough, it may end with their own judicial over-reach being called into question -- and ultimately forbidden.
Here is the Supreme Court presiding over hearings
about how 536 duly elected representatives of the American people could go into their official chambers and do their duly assigned job of passing healthcare reform for the benefit of the American people.
In actuality, it is the Supreme Court that should be very wary.
The Supreme Court, it turns out, actually presides at the pleasure, management, prescription, and regulations as enunciated by Congress.
To State Again: Article 3, Section 2, of the U.S. Constitution, says:
"In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."
The Supreme Court was clearly acting within the purview of its appellate
court jurisdiction in the Affordable Care Act hearings. For it to cat-call Congress and the President for government over-reach, while it is in the very process of one of the most egregious judicial over-reaches recorded in the annals of the judicial history of the United States is beyond ironic. It is disingenuous, hypocritical, unlawful, and unconstitutional. Throw the bums out -- well, no, just declare them guilty of treasonous "over-reach" and declare their actions ruling on the constitutionality of a law duly enacted by both houses of Congress and signed into law by the President themselves an unconstitutional and unlawful act.
Come on Congress! Man up and step up!
Whack-a-mole these partisan political hacks and drive them back under the right-wing, crazy, judicial rocks where they belong!