Wednesday, August 22, 2012

Republican Party Platform on Judicial Activism

In the Republican Party Platform for 2012, the second sentence under the heading "Fundamental Tax Reform" reads as follows:

"As a matter of principle, we oppose retroactive taxation, and we condemn attempts by judges at any level of government, to seize the power of the purse by ordering high taxes."  [emphasis mine]  I read this language, in part, as criticism of Chief Justice John Roberts' decision to justify Obamacare on the taxing power of the federal government, even though the law proposed to finance Obamacare through a mandate (or penalty) to purchase health insurance, not through a tax.

Romney's web site includes an issue on "Courts and the Constitution."  The first sentence in paragraph four states that "As president, Mitt will nominate judges in the mold of Chief Justice Roberts and Justices Scalia, Thomas, and Alito."  Mitt believes these judges vote to uphold the Constitution, not advance their own policy preferences.

The sentence appeared on Romney's web site before the Supreme Court upheld Obamacare and has remained unchanged since then.

Just wondering if Chief Justice Roberts remains the mold for "President Romney's" prospective appointments (if Romney is elected)?

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