What's Really Happened at the Supreme Court this Week

March 29, 2012 09:00 AM

American Life League cofounder and attorney, Robert L. Sassone, is the author of more than 30 amicus curiae briefs in U.S. Supreme Court that have been associated with euthanasia or abortion cases, including Roe v. Wade, Doe v.Bolton, et al. As the leader of the ALL legal team, he was involved in two amicus curiae briefs in support of having Obamacare overturned. That case was heard this week.

You can see the technical legal arguments our legal team presented directly in this ALL Amicus brief and in this second Amicus brief that ALL filed jointly with 15 other concerned elected representatives and organizations.

 

In a bulletin insert distributed in Catholic churches, the U.S. Catholic Conference of Bishops, the official organization of all U.S. Catholic bishops, states: “On January 20, the U.S. Department of Health and Human Services (HHS) reaffirmed a rule that virtually all private health care plans must cover sterilization, abortifacients, and contraception . . . . Ironically, not even Jesus and his disciples would have qualified for the exemption . . .”

Last Sunday, many Catholics also heard the strongest, most critical sermon ever given against a president and his administration.

These sermons and bulletin inserts criticized the Obama administration by name for its Obamacare. The bishops’ criticism is based on Obama’s attack on the First Amendment to the U.S. Constitution. The First Amendment states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . .”

No president except Obama has claimed a presidential right to establish what is or is not a religion. If Obama has the power to say what is not a religion, he can destroy any religion he does not like.

Amicus Curiae briefs are important because the U.S. Supreme Court requires that the arguments parties submit to it be no more than about 40 pages long. This means that the parties cannot make all their arguments to the court. They must make the best arguments, but they have to leave out other arguments that are almost as good, because they do not have room for them. The Court makes up for this lack by allowing other people, not parties to the case, to also make arguments in what is called an Amicus Curiae (friend of the court) brief.

American Life League has previously submitted more than 30 Amicus Curiae briefs to the U.S. Supreme Court, possibly more than any other right-to-life organization. The most recent was an Amicus Curiae brief in the U.S. Supreme Court in support of 26 states attempting to have Obamacare decreed unconstitutional. This case was orally argued before the U.S. Supreme Court this week.

In simple terms, here is what is really happening at the US Supreme Court this week and why it is happening.

President Obama ran on the slogan of “change,” and he meant it. His strategy is to copy what was done in Europe where the left-wing parties kept giving more and more government benefits to more and more people until a majority were receiving government benefits. That benefit-receiving majority then voted for left-wing parties to protect and increase their government benefits and outvoted those who were taxpayers. Unfortunately for Europe, bigger government benefits have injured the economies of many countries such as Greece.

In the U.S. in 2012 almost half of voters receive some kind of government benefit, which makes them more likely to vote Democratic. Obamacare will substantially increase the number who receive government benefits and, therefore, is expected, over the long term, to permanently shift the American electorate toward the Democratic party. This is why Obamacare was pushed so hard by the Democratic leaders, even though pushing it was expected to cost the Democrats temporary political power in 2010. This is why every Republican voted against Obamacare.

The U.S. Supreme Court justices appointed by Democrats, stereotypically liberal and believers in a flexible or “living, breathing” (Ginsburg), Constitution are expected to say and vote that Obamacare is constitutional.

Justices appointed by Republicans, stereotypically seen as conservative and constitutionalist traditionalists, are expected to say and vote that Obamacare is unconstitutional. The Democrat U.S. Supreme Court justices are Breyer, Kagan, Sotomeyer and Ginsburg. The Republican justices are Roberts, Thomas, Scalia, Alito, and Kennedy. Kennedy usually votes with the Republicans but sometimes votes with the Democrats.

So, in this case, during oral argument, the Democratic justices ask “hostile” questions of those seeking to have Obamacare declared unconstitutional and ask nice supportive questions of the Obama attorney, i.e., the Solicitor General. They also make supportive little speeches whenever they can to give hints to counsel as to the legal argument that justice thinks is helpful. The Republican justices do just the opposite.

The final decision is likely to be by a 5-4 vote, but “Supremes” watchers agree that the Court can surprise us all.

 

Robert Sassone, Esq., was an advisor and speaker for the UN, Holy See, Vatican Pontifical Councils, Pro-life Task Force Diocese of Orange (CA), founding board member of American Life League, the National Right to Life Committee and Human Life International. He can be reached at American Life League.

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