Sunday, April 08, 2012

Republican Judicial Hypocrisy

I hate to paint with a broad brush, but Republicans are annoyingly hypocritical when it comes to a person’s First Amendment right to voice their opinion about the judicial branch.  Their allegedly offended because President Obama voiced his thoughts on how he would like the U.S. Supreme Court to rule on the Affordable Care Act.  They also object to his comments regarding how an adverse ruling would overturn well-established legal precedent and significantly alter modern notions of the commerce clause.

The GOP’s criticisms are hypocritical because where Obama discussed the power and impact of the court’s potential ruling; their presidential hopefuls have openly questioned the judiciary’s authority, independence, and place in our modern democracy.  In short, they want to do away with the judicial branch.  First, Mitt Romney, when discussing California’s Proposition 8 and Iowa’s (Alleged) Defense of Marriage Act, accused judges of being “activist” and casting aside the will of the people.

Second, Rick Santorum stated he would “sign a bill tomorrow to eliminate the 9th Circuit” U.S. Court of Appeals.  He further called it a rogue court.  Third, Newt Gingrich stated if he is elected president, he would call for Congress to subpoena judges or even abolish courts altogether if they make wrong-headed decisions.  Moreover, he stated in his opinion, it would be well within the president’s authority as commander in chief to ignore a Supreme Court ruling that he believed was incorrectly decided.  Further, he has called federal judges “anti-American” and “grotesquely dictatorial.”

As evident by the Republicans own words, the judiciary is not beyond reproach.  So, why attack Obama for voicing his opinions about the forthcoming Supreme Court decision, especially, when they are not only questioning the judiciary’s rulings, they are openly and dangerously questioning the legitimacy of the independent judiciary.

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