By now you have heard the very confused reaction on the part of the President and Democrats and first the wailing and gnashing of teeth and then turnaround happiness on the part of Republicans regarding the opinion of Chief Justice Roberts on the legislation affectionately known as “Obamacare” and more appropriately known as the “Affordable Care Act”. This Act’s legitimacy has been questioned and it’s controversy is not without merit. The Affordable Care Act is the most expansive piece of governmental legislation in over three quarters of a decade. Regardless of how this act was or is spun in the future, Chief Justice Roberts and the Court have dealt yet another horrendous blow to the Constitutional precedence of limited government. Naturally, there will be those that see this as some sort of crafty maneuver on the part of Chief Justice Roberts to make this a “win” because it will enable by the word “tax” the next president (or who they hope will be the next president) to more easily repeal it. It would take a profound stretch of the imagination to believe that this Court has in any way attempted to limit the quickly expanding nature of the federal government beyond its Constitutional authority. NYC criminal lawyer would present to you this other, recent example:
FLORENCE v. BOARD OF CHOSEN FREEHOLDERS
OF COUNTY OF BURLINGTON ET AL
Albert W. Florence was strip searched twice over the wrongful detainment in regards to a fine. That’s right. Not a felony, but a fine. The Supreme Court ruled in a 5-to-4 vote that law enforcement officials may, in fact, strip-search anyone arrested for any offense, regardless of how minor, before they admitting them to the local precinct jail even if they have zero reason whatsoever to believe that the suspect was in possession of contraband.
What does this mean to you? It means that you could be picked up for excessive speeding and be strip searched during your booking and holding experience.
What you must remember about the Supreme Court is that they interpret the law, they essentially create law, and from their ruling many interpretations will evolve. Given that you are now close to becoming a criminal for just about any action under the Sun, it might behoove you to know that you’ve not only lost the right to your body and body cavities, but also the government can force you to purchase “something” and then if you refuse force you to pay a tax.
We are sailing into some murky waters, friends. I say make friends with an attorney.
