The legislative Branch of government is the only branch of government that, according to the United States Constitution, can make law. Law is not to be made by the Executive Branch or the Judicial Branch of government. However, congress has failed to do its job and the executive and judiciary were only to willing and to eager to pick up the slack. The politicians in congress greatly appreciate this because it allowed them to pontificate without taking a stand. We saw this when then Speaker of the House made the most telling statement of how Congress avoided its duty when she infamously stated, “We must pass this bill, so we can learn what is in it away from the fog of the controversy.” What Pelosi stated, although she probably had no idea she was saying given her restricted intellectual capacity, is that congress will allow both the executive branch through regulations, and the judiciary branch through rulings, to make the difficult decisions and allow the congress to avoid their responsibility.
The left has come to hate Trump even more than they did prior to the election because Trump has stated that congress must do its work, as in the case of DACA, in the education area, and environmental areas to name a few. The left is also deathly afraid of judicial nominees that Trump has chosen because these are judges who understand their role is not to make law but to enforce law. This latest case is a perfect example with the judge saying his personal belief is of no consequence, he can only give a ruling based on the law. If congress does not like the ruling, then they must change the law. The ball is in your kitchen congress; can you stand the heat.
This is the background:
In April 2014, Epic Systems Corporation sent an email to a group of its employees. The email contained a modified arbitration agreement. The agreement mandated that all wage-and-hour claims made by the email’s recipients could be brought against Epic only through individual arbitration. The agreement also required that the employee waive their right to any other means of resolving such a disagreement. The email said that continuing employment at Epic constituted agreement to the new conditions.
Not long afterward, one of the group filed a lawsuit alleging he and others had been deprived of overtime pay. Epic asked the court to dismiss the lawsuit as the plaintiff, Jacob Lewis, had agreed to waive legal action when he acknowledged receipt of the company’s email. The trial judge refused to dismiss the case and allowed it to proceed to trial. Epic appealed to the Seventh Circuit. The Seventh Circuit agreed with the trial judge. The Seventh held that the National Labor Relations Act held precedence over the Federal Arbitration Act, a law allowing employers to impose arbitration. Epic appealed to the Supreme Court.
Neil Gorsuch, Trump appointee to the Supreme Court, in a 5-4 decision, agreed with Epic (decision).
Gorsuch and the majority didn’t take a position on what policy was best but rather what the law required:
Gorsuch writes that the “policy may be debatable, but the law is clear: Congress has instructed that arbitration agreements like those before us must be enforced as written. While Congress is of course always free to amend this judgment, we see nothing suggesting it did so in the” National Labor Relations Act, “much less that it manifested a clear intention to displace the Arbitration Act.”
The larger point is that it isn’t the job of the Supreme Court to decide what is the best policy. That job belongs to Congress. This is very much in line with the immigration case decided last week which found Congress had passed a law that was impermissibly vague. And it shows a mature recognition that the courts do grave damage to their own credibility when they wade into policy battles to try to remedy a mess made by Congress.
The left is demonizing Gorsuch because he followed the mandate given to the courts in the United States Constitution. He ruled on the law as passed by Congress. The left says that because the courts have consistently ignored The Constitution and made rulings based on their personal beliefs, this is precedence and should be continued. The left is wrong again. The law is the law and only congress has the power to change it. Do your job congress. Enough grandstanding, pontificating, and shirking your duty. There is a new sheriff in town.