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"And ye shall know the truth, and the truth shall make you free." - John 8:32
WEBCommentary Contributor
Author:  Michael J. Gaynor
Bio: Michael J. Gaynor
Date:  March 24, 2014
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Topic category:  Constitution/Constitutional Crises

Will Chief Justice Roberts Do the Right Thing This Time?

Chief Justice Roberts is obligated to follow the Constitution, not entitled to rewrite it to please President Obama.

When it came to Obamacare (referred to by deceitful "progressives" as 'the Affordable Care Act," Chief Justice John Roberts joined with the SCOTUS "progressives" to declare it constitutional.

Fittingly, he did so by treating what the Obamacare supporters insisted was not a tax as...A TAX!

That dashed the hopes of constitutionalists that the Supreme Court would not put its imprimatur of what was a blatant, politically driven fraud on the American people.

President Obama should have been estopped from trying to uphold it as a tax, after proclaiming repeatedly that it wasn't a tax in order to have Congress pass it.

Tomorrow the Supreme Court will hear oral arguments in Sebelius v. Hobby Lobby Stores, Inc..

At issue is religious freedom.

Will the first Roman Catholic Chief Justice of the United States fail again?

Recently, Cardinal Raymond Burke, the head of the Apostolic Signatura, the Vatican's highest court, publicly stated that President Obama's policies "have become progressively more hostile toward Christian civilization."

Hopefully, Chief Justice Roberts took note.Hopefully, Chief Justice Roberts took note.Hopefully, Chief Justice Roberts took note.

Cardinal Burke warned that President Obama is trying to restrict religion freedom and compel individuals, outside of his or her place or worship, "to act against his rightly-formed conscience, even in the most serious of moral questions.

The First Amendment explicitly protects freedom of religion, not merely freedom of religion.

Chief Justice Roberts, take note.

Cardinal Burke described President Obama as "appear[ing] to be a totally secularized man who aggressively promotes anti-life and anti-family policies."

That's clear.

Cardinal Burke continued: "Now [President Obama] wants to restrict the exercise of the freedom of religion to freedom of worship, that is, he holds that one is free to act according to his conscience within the confines of his place of worship but that, once the person leaves the place of worship, the government can constrain him to act against his rightly-formed conscience, even in the most serious of moral questions."

"Such policies would have been unimaginable in the United States even 40 years ago."

Such policies would have been unconstititional 40 years ago, or 220 years ago, and are unconstitutional.

The First Amendment has not been amended since it was adopted in the eighteenth century.

It is not for the Supreme Court to amend it under the guise of interpreting it.

Chief Justice Roberts is obligated to follow the Constitution, not to rewrite it to please President Obama.

Michael J. Gaynor

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Biography - Michael J. Gaynor

Michael J. Gaynor has been practicing law in New York since 1973. A former partner at Fulton, Duncombe & Rowe and Gaynor & Bass, he is a solo practitioner admitted to practice in New York state and federal courts and an Association of the Bar of the City of New York member.

Gaynor graduated magna cum laude, with Honors in Social Science, from Hofstra University's New College, and received his J.D. degree from St. John's Law School, where he won the American Jurisprudence Award in Evidence and served as an editor of the Law Review and the St. Thomas More Institute for Legal Research. He wrote on the Pentagon Papers case for the Review and obscenity law for The Catholic Lawyer and edited the Law Review's commentary on significant developments in New York law.

The day after graduating, Gaynor joined the Fulton firm, where he focused on litigation and corporate law. In 1997 Gaynor and Emily Bass formed Gaynor & Bass and then conducted a general legal practice, emphasizing litigation, and represented corporations, individuals and a New York City labor union. Notably, Gaynor & Bass prevailed in the Second Circuit in a seminal copyright infringement case, Tasini v. New York Times, against newspaper and magazine publishers and Lexis-Nexis. The U.S. Supreme Court affirmed, 7 to 2, holding that the copyrights of freelance writers had been infringed when their work was put online without permission or compensation.

Gaynor currently contributes regularly to www.MichNews.com, www.RenewAmerica.com, www.WebCommentary.com, www.PostChronicle.com and www.therealitycheck.org and has contributed to many other websites. He has written extensively on political and religious issues, notably the Terry Schiavo case, the Duke "no rape" case, ACORN and canon law, and appeared as a guest on television and radio. He was acknowledged in Until Proven Innocent, by Stuart Taylor and KC Johnson, and Culture of Corruption, by Michelle Malkin. He appeared on "Your World With Cavuto" to promote an eBay boycott that he initiated and "The World Over With Raymond Arroyo" (EWTN) to discuss the legal implications of the Schiavo case. On October 22, 2008, Gaynor was the first to report that The New York Times had killed an Obama/ACORN expose on which a Times reporter had been working with ACORN whistleblower Anita MonCrief.

Gaynor's email address is gaynormike@aol.com.


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