Is Judicial Activism a good thing? Is the Supreme Court playing a role in healthcare law with birth control?
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Would you say that the Supreme Court is playing an activist role in the healthcare law with birth control ?
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Answer:
The purpose of the Supreme Court is to decide if laws are Constitutional or not. The question before them is simply "is the free exercise clause of the first amendment being violated by requiring employers to contribute to health insurance policies that contain benefits which violate their religious principals?" If they answer that question, based on an analysis of the first amendment, it's not activism. In the end, it's what's in the opinion that differentiates between "doing their job" and "activism."
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