Was the US Supreme Court Health Care Decision Written by Chief Justice Essay

Was the US Supreme greet Health Care Decision Written by Chief Justice Roberts an usage of legal Activism - Essay ExampleJudicial activism was not apparent in the recent Supreme appeal decision even if the decision imposed certain changes in the law being passed. These are omissible 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 ashes 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 order 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 eff ective application of the Congressional handicraft Clause or its Necessary and Proper Clause authority. Majority of the Supreme Court justices also assented to the circumstance that the expansion of the Medicaid was not a valid application of legislative spending power as it illicitly 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 discriminative policy-making or judicial activism. They further repugn 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 oppose views, this report card 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