Rep. Marsha Blackburn: Supreme Court Is ‘Inventing Federal Rights’

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AP Photo/CBS News, Chris Usher

The U.S. Supreme Court decision on Obamacare last week was essentially the court saying, “we are making a ruling not on a reading of the law, but we are making a ruling on what we interpret should have been congressional impact,” Rep. Marsha Blackburn (R-TN) told Breitbart Editor-in-Chief Alex Marlow on the Breitbart News Saturday radio program.

Blackburn indicated that the court interpreted something out of the law that didn’t actually exist, after some states refused to participate in state exchanges.

Marlow referenced Justice Roberts’s “absurd” argument, which essentially said the court holds that “when the Patient Protection and Affordable Care Act says exchange established by the state, it means exchange established by the state or the federal government.” That essentially redefines the term “state” to mean the entire federal government.

Blackburn said, in talking with state elected officials, the concern is, “If now we are going to interpret any federal laws to be an exercise of federal preemption over state laws, then what does that do to our states’s rights?”

“It was an overbearing of the federal government and a federal court, on behalf of a federal government, to say we are exercising our preemption and we are redefining without the benefit of the law. And that’s one of the things with the gay marriage decision, yes the federal court ruled, but there was no law, there was no legislative action that was changed that would have preempted the states in addressing the gay rights issue.”

Marlow agreed, “They’re inventing rights.”

“They’re preempting states rights,” Blackburn concurred. “And by doing that, they’re inventing federal rights.” She predicted that we will begin to hear from state legislators and governors on the issue of how to respond and preserve state sovereignty.

“What are the next steps?” Marlow asked.

People need to say, “Our resolve is strengthened,” she responded. “Barack Obama said ‘I am going to fundamentally change this country,’ and he is making good on that promise.”

“The American people have always said we believe in the American dream. That is part of the uniqueness of our nation, but now what we are seeing is people that are saying no, we want a new American dream where it is depending on the federal government for your education, for your home mortgage, for your student loan, for your healthcare, for your retirement, for all that you want to do, and we are going to redefine what freedom and liberty means” around the legislative branch using the court and executive action.

One check on the court is Congress, Marlow mentioned. He noted nationally syndicated radio talk show host Mark Levin’s spoke of the Congressional power check during the week.

Blackburn said, “It’s already in the works.” She specifically noted 162 pieces of legislation already in process that reform and replace Obamacare, breaking that law apart.

When asked about the purpose behind the over 54 votes to repeal Obamacare, Blackburn noted, “We as conservatives do not have the media with us.” However, she said, every floor vote increases public awareness. The Congresswoman also noted a need for Republicans to coalesce around a focused solution to Obamacare.

Marlow stated, “taxes should be a moral issue. I think every time you extract a dollar from someone who has earned it, that you should explain exactly where it is going.” He called these “troubling times” when government no longer has, “to make that case that taxes are a moral issue.” Blackburn responded saying that’s the trouble with the Supreme Court adjudicating, not on the Constitution and law, but “on the assumption of their interpretation.”

Follow Michelle Moons on Twitter @MichelleDiana.


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