Saturday, June 30, 2012

The Living Law

To the left is a Facebook entry.


One of the legislative actions the Republicans pride themselves with is called 'The Living Law.' The Florida decision to protect a woman in a high level coma was called "Terry's Law." It went on to be legislated with a Republican majority at the federal level when Jeb Bush visited the Capital. 


Megan's Law is another example of what the Republicans believe is the optimum ability of Congress to react to the needs of the citizen.


Chief Justice Roberts, which may be the first time in his tenure, stopped seeing the USA Constitution as only words on a page. Chief Justice Roberts can be said to have departed from a strict constructionist methodology to participate in a Republican strategy called, The Living Law.


The USA Constitution was never a document designed to be so rigid it became an enemy of the people. I do believe this time, Chief Justice Roberts also believed the Legislative Branch has the right to protect all citizens from and in this case, the private sector seeking nothing but profit driven outcomes. When dealing with health care insurance profit driven outcomes are deadly. 


Any justice in the USA is allowed a conscience. As a matter of fact we all hope they exercise it. In the case of The Affordable Care Act, Chief Justice Roberts honored the power of the legislature to protect citizens while seeing taxation is a right of same legislature. The tax was not contrived to achieve a goal separate from the intent of the bill. The tax is a penalty for not participating in mandated health care insurance. Mandated health care insurance is valued as a way to bring about better health care insurance costs and end displacement of emergency room costs for those that cannot pay onto the costs of others.


Chief Justice Roberts joined four other members of the Supreme Court to honor the USA Constitution and the rights afforded the legislature in necessary law to protect not just the uninsured, but, the future of health care insurance at all.