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Was the US Supreme Court Health Care Decision Written by Chief Justice Roberts an Example of Judicial Activism - Essay Example

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Abstract The decision by the US Supreme Court in the National Federation of Independent Business v. Sibelius marks a landmark decision where the Supreme Court ruled certain aspects of the HCERA and the ACA laws as unconstitutional. Although many groups declare that the decision of the Supreme Court is part of judicial activism, there is insufficient proof to support judicial activism…
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Was the US Supreme Court Health Care Decision Written by Chief Justice Roberts an Example of Judicial Activism
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"Was the US Supreme Court Health Care Decision Written by Chief Justice Roberts an Example of Judicial Activism"

Download file to see previous pages Judicial activism was not apparent in the recent Supreme Court decision even if the decision imposed certain changes in the law being passed. These are incidental results in the exercise of its functions, with the end goal of ensuring the compliance of the laws with the constitution. Table of Contents Introduction……………………………………………………………………………. 3 Body…………………………………………………………………………………… 4 Overview of Supreme Court functions……………………………………….. 4 National Federation of Independent Business v. Sebelius……………………. 5 Judicial review………………………………………………………………… 5 Judicial activism………………………………………………………………. 6 Judicial activism v. Judicial review…………………………………………… 7 Conclusion…………………………………………………………………………….. 8 References…………………………………………………………………………….. ...
With this decision, the legislative requirement for Americans to have health insurance by 2012 was upheld. This decision also supported the mandate to buy health insurance - an individual mandate - as a constitutional application of the legislative taxing power. Majority of the justices ruled that the individual mandate was not an effective application of the Congressional Commerce Clause or its Necessary and Proper Clause authority. Majority of the Supreme Court justices also assented to the fact that the expansion of the Medicaid was not a valid application of legislative spending power as it illegally mandates states to accede to the expansion or else lose their Medicaid financial privileges. This decision has been filled with various complications for the ACA and the HCERA, with significant changes in the original mandates passed by Congress. This prompted President Obama, as well as other analysts and interest groups to be cautioned against judicial policy-making or judicial activism. They further argue that the actions of the Supreme Court in these suspected cases of judicial activism are tantamount to a violation of the separation of powers. On the other hand, others are quick to argue that the judiciary is appropriately exercising its powers of adjudication, in the valid application of principle of checks and balances. Based on these opposing views, this paper shall discuss whether or not judges should be policy-makers and whether or not the Supreme Court health care decision written by Chief Justice Roberts is an example of judicial activism. This paper will be based on the decision itself, including related news media and think ...Download file to see next pagesRead More
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