The Supreme Court And Public Opinion: Not The Job Of The Judiciary!

A new poll, commissioned by the New York Times, shows that 38 percent want the 2010 Health Care law overturned entirely; 29 percent want the requirement that nearly all Americans obtain health insurance overturned; and only 26 percent want to keep the entire law in place.

At the same time, when it comes down to specifics, the American people support the law. 85 percent approve the requirement that health insurance companies cover those with existing medical conditions or illnesses; 68 percent support allowing children to stay on their parents’ policies until age 26; and 77 percent support offering discounts to reduce the Medicare prescription drug coverage gap, called the “donut hole”.

At the same time, 48 percent say they find confusing how the law will affect them and their families, while 47 percent say they understand the law.

What does this tell us? It tells us that the American people, as a whole, have no clue as to what this law does, and this is partially the fault of the Obama Administration and the Democrats, but it is also the fault of the opposition Republicans, conservative talk radio, Fox News Channel, and the powerful corporate interests that want the law defeated, and really don’t care about the fact that 50 million Americans have no health care except the emergency room, if they end up there. And if they die because of lack of health care, so be it, is the attitude of these special interest groups.

And now there is discussion of the fact that the United States Supreme Court should overturn the law because of the uneducated and confused public opinion.

But that is NOT the job of the Supreme Court, to listen to public opinion, but instead to LEAD public opinion in the proper direction!

If the John Roberts led Supreme Court overturns the law, they will be condemned in history for having kept us the ONLY major industrial democracy in the world to refuse to cover all citizens on a question of life and death!

The Supreme Court is not designed to be popular, and neither are the circuit courts below them. Their job is to interpret the Constitution, and do what is right for the American people, whether popular or not..

If one had polled public opinion, and in some cases it was actually done, the following would not have occurred:

End of racial segregation in public schools in 1954
Provide for privacy rights for couples to use contraceptives in 1965
End of ban on interracial marriage in 1967
Allowance of abortion rights in 1973
Provision to advance women and minorities because of past discrimination in 1977
Giving of privacy rights to gays and lesbians, not just straight people in 2003

These are an issue of social justice and what is right morally, and the same situation applies to the issue of health care.

Popularity should NEVER be a factor in court decisions, and if the Court is unpopular, so be it!

That is why the courts are not elected, as the ignorance and emotion of the masses should never be a basis of constitutional interpretation or human rights.

The Supreme Court has made America a better place, precisely because it has done what the American people may not have appreciated at the time, but was a necessary action, over and over again!

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