Supreme Court Supposed to Be a Bulwark, Not a Battering Ram, States the Association of American Physicians and Surgeons (AAPS)

TUCSON, Ariz., July 11, 2018 /PRNewswire-USNewswire/ -- The frenzied reaction to President Trump's nominee for the U.S. Supreme Court reflects progressives' concern that the role of the judiciary may shift dramatically, states AAPS executive director Jane M. Orient, M.D.

"The Constitutional role of courts is to impartially settle controversies according to the facts and to apply and interpret the law," she states. "They are not to make new law, fundamentally transform our culture, create new rights out of 'emanations and penumbras,' expand the prerogatives of government, or gut the clearly stated individual rights in the Constitution in the interest of a social or political agenda."

"The ultimate Law of the Land is the U.S. Constitution. The courts may void laws or executive actions that overstep the constitutional authority of the legislative or executive branch," she stated. "But in fact, in recent decades they have become battering rams to overturn laws that interfere with a social agenda, or dictatorial authorities to impose obligations that the legislature refuses to enact."

"The judiciary is the most dangerous branch because there are no effective term limits enforced at the ballot box."

AAPS has challenged many actions of government, including the Affordable Care Act (ACA), which attempted to force Americans to buy an insurance product they did not want, through an illegitimate expansion of the Commerce Clause. It has defended, through litigation or amicus briefs, the conscience rights of physicians and patients, Fourth Amendment protections against violations of patients' confidentiality, Fifth Amendment protections against Takings of the private property of compensation for medical services, and due process rights of physicians.

"The progressive drive for a complete government takeover of medicine, to enforce a new 'right' to 'health care,' threatens the fundamental liberty of all Americans to use their own resources to protect their own lives by obtaining the medical care of their choice," Dr. Orient said. "The documents uncovered in the AAPS lawsuit against the Clinton Health Care Task Force showed an intent to try to circumvent these constitutional limits on government power."

"The unconstitutional 'single-payer' model would turn medical care into a privilege, available only as government permits," Dr. Orient warns.

"We need strong constitutionalist Justices to return the Court to its role of protecting us and limiting government, rather than ruling us from the bench."

The Association of American Physicians and Surgeons (AAPS) is a national organization representing physicians in all specialties, founded in 1943.

SOURCE Association of American Physicians and Surgeons (AAPS)