Any ruling that is based upon anything but constitutionality
Posted on: April 6, 2017 at 14:36:13 CT
DHighlander NWMSU
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is legislating from the bench.
When the SC decided that the ACA was constitutional because the penalty was simply a tax is a perfect example. Nowhere in the bill was the penalty defined as a tax, as a matter of fact the proponents bent over backwards to make sure it was not presented as such.
But the judges were more interested in social engineering that the constitution so they declared it constitutional.