Posted on 06/28/2012 11:57:51 AM PDT by mojito
A SCOTUS that respected separation of powers would have declared the legislation, as written, and as argued by the writers of the legislation, unconstitutional. And then mentioned if they re-wrote the legislation with a TAX rather than a PENALTY, THEN they could say it was constitutional.
Instead SCOTUS abandoned separation of powers, legislated from the bench, and directly changed the legislation to be a tax instead of what the writers of the legislation argued was NOT a tax but a penalty.
There needs to be a lawsuit from the states against SCOTUS for this unconstitutional ruling and overreach of powers by SCOTUS. They do not have the power to rewrite legislation, and further to do so in a way opposite of what the intent of the legislation’s authors intended and argued what they were actually creating.
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