WASHINGTON— Republican Sen. Orrin Hatch, an opponent of the recently enacted health care overhaul, says Justice Elena Kagan should not take part in the widely expected Supreme Court consideration of the new law.
Hatch's call is part of the broad legal and political maneuvering on both sides for the most favorable conditions surrounding court review of President Barack Obama's signature domestic policy accomplishment.
Orrin Hatch is putting into relief the kind of monstrosity our Congress has become. He has demonstrated that he is:
A Poor Loser -- The Health Care bill has been through Congress twice, once to pass it and the other an immediate attempt to repeal it. Never in my memory has this happened and Congress has spoken twice. Yet Hatch is still on a rampage to undo what laws have been voted in and retained by a vast majority.
Attempting to Interfere with the Judiciary -- Calling for the removal of a judge that may not think the way you do does not promote an independent judiciary. Promoting judicial activism is not a way to solve the problem of judicial activism, it encourages it.
Insulting the Supreme Court -- With his call, Hatch is acknowledging that he believes that the Supreme Court of the United States is incapable of doing its job. Is the HCA law constitutional? Maybe it is ans maybe it isn't -- that's up to the Court to decide on the merits of the case. Plus, when is the last time the Supreme Court has issued preferences for voting on bills on the floors of Congress? Or suggested that a particular Congressperson may have conflicts of interest? Never.
Attempting to circumvent the plurality of Government -- All passed laws are a series of compromises, and once passed should be supported by the entire House and Senate. After all, their oath as Congress is to respect the Constitution and laws of the United States. "My Way or the Highway" was not coined by our founding fathers.
Hatch is demonstrating the political devisiveness running rampant in Washington, a spectre which stands squarely in the way of getting some real work done in the important areas of budget, deficits and debt.
And let's face it, Hatch is not alone. There are plenty of examples on both sides of the aisle willing to put politics above everything.
There are better ways to spend time than trying to question the autonomy of another branch of the US Government.