Saturday, November 19, 2016
Michael F. Haverluck (OneNewsNow.com
Alerting fellow Americans, United States Supreme Court (SCOTUS) Justice Samuel Alito revealed that the nation’s constitutional structure has undergone “unprecedented challenges” in recent years under the Obama administration, warning that citizens’ religious freedom is in “greater danger” today than perhaps ever before.
While addressing conservative litigators for 45 minutes Thursday at the Federalist Society’s 2016 National Lawyers Convention, Alito stressed what a great impact the late Supreme Court Justice Antonin Scalia had on the bench and America’s justice system.
U.S. Constitution under attack
His speech also highlighted the threats to constitutional rights that Americans face under the Obama administration – including attacks on their religious liberty and freedom of speech – noting how the constitutional principle of the separation of powers has been in jeopardy for years.
“When Nino [Scalia’s nickname] spoke to students, he would often ask them what is most important about the Constitution and – more times than not – the answer would refer to the Bill of Rights,” Alito pointed out, according to The Christian Post. “Nino would say, ‘Wrong. What is most important is the structure, the separation of powers at the federal level and the division of sovereignty between federal government and the states.’ Human rights guarantees are worthless without a governmental structure to protect them.”
The 66-year-old judicial expert impressed the fact that President Barack Obama has consistently bombarded the nation’s founding principles in order to impose his own agenda on America.
“In recent years, we have seen unprecedented challenges to our constitutional structure, [as] the executive has also claimed the power to make out-in-out changes in the laws enacted by Congress,” Alito impressed.
Bringing up the 2014 SCOTUS case Utility Air Regulatory Group v. Environment Protection Agency, Alito shared how the Obama administration used it to take unilateral actions so it could skirt around Congress, adding how the White House also refused to enforce specific laws enforced by the legislative body.
The outgoing president has used his allegiance to the green agenda’s so-called climate change policies to push his big government regulatory plans through.
“The case stems from Obama’s EPA disregarding of air pollution regulations established by Congress in the Clean Air Act and effectively creating its own stiffer pollutant regulations that also regulated greenhouse gas emissions,” The Christian Post reports.
Stating his case and point against the president, Alito talked about the dealings between the EPA and Congress.
“Congress wrote certain numbers into an environmental statute – numbers pertaining to pollutants,” said the justice, who was appointed by President George W. Bush in 2006. “Now at the time, Congress had in mind conventional beliefs. It was only there that the Supreme Court held that pollutants under the Clean Air Act refer not just to the kind [of pollutants Congress had in mind] when enacting the statute, but also greenhouse gases. Now, if you apply those numbers to the conventional pollutants, they made perfect sense. But if you apply them to greenhouse gases, you get crazy results, as the EPA recognized.”
Alito went on to emphasize that the Obama’s Environmental Protection Agency is an expert at manipulating variables to work to its advantage – an unlawful approach that was overlooked and approved by his colleagues on the bench.
“So, what does the EPA do?” he posed. “Well, the EPA had an eraser and had a pen. So, it took the statute and erased the numbers that Congress wrote and wrote in numbers that were more to its liking. Nino’s opinion for the court held that this was illegal, but four of our colleagues thought what the EPA did was just fine.”
Forgetting faith …
Moving onto the issue of religious liberties, Alito noted his regret about a recent post-Scalia determination SCOTUS made this year, when a majority of his fellow justices agreed not to review a case that involved serious implications to the way Americans can or cannot live out their faith.
“After the state of Washington enacted a law requiring all pharmacies to sell contraceptive and abortion-inducing drugs – like Plan B – a Christian pharmacy owner sued the state and argued that selling the drug would violate his family’s religious convictions,” The Christian Post’s Samuel Smith recounted. “After the U.S. Court of Appeals for the Ninth Circuit rejected the pharmacy’s argument, they appealed to the Supreme Court.”
Alito filled the audience in that he and his fellow SCOTUS Justices reviewed local pharmacist associations’ amicus brief informing the bench that “the practice of referring customers to other pharmacies is standard because no pharmacy could possibly stock every single drug that is approved by the Food and Drug Administration.”
The conservative justice reaffirmed his disagreement with his colleagues decision not to review the case, pointing out some of the arguments he mentioned on his written dissent about SCOTUS passing the case up.
“In this case, there was strong evidence that the law was enacted to rid the state of those troublesome pharmacists who objected to these drugs on religious ground,” Alito asserted. “But, the Ninth Circuit sustained the law and the Supreme Court didn’t think that was a case that deserved to be reviewed.”
He then restated his belief that Americans of faith had better brace themselves because of the extreme progressive lean of the justice system that has drastically shifted Left under the Obama administration.
“Freedom of religion is in greater danger [today],” Alito alarmed the crowd. “I am reminded of a song by the latest recipient of the Nobel Prize for Literature [Bob Dylan] – ‘It’s not dark yet, but it’s getting there.'”
Education … or Leftist indoctrination?
When moving on to the condition of higher education in America, Alito condemned the intolerance demonstrated by students, faculties and administrators from college campuses from coast to coast.
“Consider this … Justice Robert Jackson famously wrote that ‘If there is any fixed star in our constitutional constellation, it is that no official – high or petty – can prescribe what shall be orthodox in politics, nationalism or religion,'” Alito quoted from behind the microphone. “But on college campuses – both public and private – a new orthodoxy rules.”
He then presented the crowd with a hypothetical.
“Suppose a student were to test Justice Jackson’s proposition today by wearing an article of attire supporting a political candidate who is unpopular among the students and the professors by proclaiming that the United States is a great and good country, and by expressing certain conditional religious beliefs,” Alito posed before introducing his follow-up question. “How would that go over?”
The conservative judge indirectly answered his own question by referring to recent injustices that took place on college campuses, where zero tolerance was afforded to those holding Right-leaning views and stances on the 2016 election and LGBT issues.
“Just ask one black student at Queensborough Community College in New York City, who was attacked for wearing a Donald Trump hat,” Alito advised. “Or ask the professor at Marquette University who was suspended and had his tenure revoked after he wrote a blog post that was critical of another professor who refused to let a student with traditional beliefs on gay marriage discuss his opinions in her class.”