Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: ZULU
Did’t Roberts set dangerous precident by changing the wording in a statute under review in order to approve it?

In some cases, it may be appropriate for judges to pretend that statutes say things slightly different from what's actually in the text, if what the text actually says would be unconstitutional or meaningless, but it's fairly clear (possibly from legislative history) what the statute was supposed to say. This occurs most often in cases where some sections of the law get renumbered without properly updating other sections that make reference to them. It has long been considered perfectly proper for judges to apply minor tweaks to a statute in cases where the text of the statute was clearly erroneous (e.g. section 123.4 of a statute says "Except as described in 123.6, various rules apply"; section 123.6 has nothing to do with the situations in question, and section 123.7 begins, "Exceptions to 123.4 include..."); it would not be judicial overreach to interpret section 123.4 as referring to section 123.7.

The bigger problem here is that the Court has dropped any pretense that legitimate taxes must at least claim to be intended to raise revenue, rather than punish behavior. Ironically, Roberts threw the concept of "legislative intent" completely out the window. The people who wrote the legislation used the term "penalty" to refer to the monies people would have to pay if they didn't buy acceptable insurance. It's pretty clear they intended that the fines were intended to be considered punitive. In order to justify his decision, Roberts is declaring that he knows better than the legislature what they meant when they wrote the legislation. Judicial activism in the extreme.

28 posted on 07/05/2012 4:38:46 PM PDT by supercat (Renounce Covetousness.)
[ Post Reply | Private Reply | To 5 | View Replies ]


To: supercat; Conscience of a Conservative

Thanks for those explanations. They make the situation a lot clearer.


76 posted on 07/06/2012 5:36:02 AM PDT by ZULU (See: http://www.youtube.com/watch_popup?v=D9vQt6IXXaM&hd)
[ Post Reply | Private Reply | To 28 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson