Regarding the challenge to Obamacare that is currently before the Supreme Court, President Obama said yesterday:
“I am confident the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically-elected congress…I just remind conservative commentators that for years we have heard the biggest problem on the bench was judicial activism or a lack of judicial restraint. That an unelected group of people would somehow overturn a duly constituted and passed law. Well, this is a good example and I am pretty confident that this Court will recognize that and not take that step.” Real Clear Politics.
The “Constitutional Law Scholar” is bluffing, spinning, bs-ing…whatever you want to call it:
The Wall Street Journal writes Mr. Obama’s remarks suggest he is joining others on the left in warning the Justices that they will pay a political price if they dare to overturn even part of the law. As he runs for re-election, Mr. Obama’s inner community organizer seems to be winning out over the law professor.
Doug at Considerettes says: The striking down of ObamaCare would not, as the President claims, be a case of “judicial activism”; a term I think he is just employing to try to get a dig in at conservatives and throw some red meat to his supporters. In striking down this law, the justices would not be finding new rights in the Constitution; they would be establishing that the Constitution says only what it says and nothing more. In fact, it is Congress and the President being unprecedented here, insisting that the power to regulate commerce between the States includes the right to compel someone to enter into a contract. “Compulsory contract” is an oxymoron, and the court ought to hold Congress at least to what makes logical sense.
At Bearing Drift, Steven Osborne asks Is Obama Preparing to Defy the Court?. It now appears that President Obama has a bad feeling about the course of his individual mandate specifically and the whole bill generally, but is he willing to go the additional mile and channel his inner Andrew Jackson to defy the Supreme Court outright?
Also at Bearing Drift, Norm Leahy says The President cries ‘judicial activism!” Lays groundwork for Court intimidation scheme.
Michelle Malkin says Usurper-in-chief rails against “unelected” Supreme Court, demands “deference” to Congress Somehow, I suspect the high court is not going to take to Obama’s finger-wagging very lightly..
Kudos to the 5th Circult Court of Appeals who ordered the Justice Department to answer by Thursday whether the Obama Administration believes that the courts have the right to strike down a federal law, according to a lawyer who was in the courtroom. CBS