On the recordJuly 28, 2015
I come to the floor to give my analysis of the last year of Supreme Court decisions. There is a misconception that our Supreme Court is conservative, but in the term that just ended, the Supreme Court upheld a key provision of ObamaCare. It read the plain language of that ObamaCare statute that provided that health insurance subsidies apply only to exchanges established by the States and said that they are available on exchanges created by the Federal Government. It ruled that fair housing discrimination cases can be brought even where there is no intent to discriminate. A harmful impact, then, is enough to bring a case. It found that same-sex marriages are constitutionally required. It expanded the reach of the Pregnancy Discrimination Act and made it easier to win cases under that law. The Court decided that racial gerrymandering cases under section 5 of the Voting Rights Act must consider the effect on individual districts regardless of minority voting in the State as a whole. The Court said as well that in those cases, courts must look beyond the numbers when deciding whether minority voters have been packed into districts to dilute their influence on elections. In fact, the Court reflected a very liberal bent in the last term. More worrisome, its liberalism derives not from the Constitution but the policy preferences of the Justices.…





