Not so fast…
Here is a letter to the Palm Beach Post:
Andrew Marra applauds conservative Judge Jeffrey Sutton’s crossing partisan lines in voting to uphold the constitutionality of the Affordable Care Act’s compulsory individual mandate while championing his so-called ‘judicial restraint’ by deferring to congress in the matter (“Nonpartisan approval,” July 5).
However, the judiciary is not subservient to the legislative branch – rather, it as an equal branch designed by the founders to check the power of congress. The constitutionality of laws is left to the judiciary, not the legislature. Judges should strike down unconstitutional laws – regardless of the supposed noble and benevolent intentions behind a particular piece of legislation.
But supporters of the health care bill and the 6th Circuit Court of Appeals ruling shouldn’t be popping the champagne just yet. Judge Sutton concedes in his opinion that neither the Supreme Court nor the Constitution has ever upheld the power he claims is constitutional – while further acknowledging that the Supreme Court, under the commerce clause, has never considered the validity of this kind of mandate before.
Brad R. Schlesinger
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