Obama’s attack on Supreme Court
President Barack Obama’s attack on the Supreme Court
appeared to backfire, when the 5th Circuit Court of Appeals issued an
order giving the Justice Department until noon Thursday to state whether the
administration truly believes courts lack the authority to strike down mandates
that they determine are unconstitutional.
On Monday, Obama said that striking down his signature
healthcare legislation would be an “unprecedented, extraordinary step” and
would demonstrate a lack of “judicial restraint” by the Supreme Court.
He also pointed out that the nine Supreme Court justices are
unelected, suggesting that it would therefore be undemocratic for them to
overturn Obamacare, which narrowly eked through Congress by a seven vote margin
in the House of Representatives.
“This is liberals in shock over watching their side being
demolished in oral arguments,” Fox News commentator Charles Krauthammer said
Tuesday, pointing out the courts have had the authority to strike down
unconstitutional provisions for over 200 years. “And [they are] trying to bully
the Supreme Court into ending up on their side in a case which they clearly had
lost intellectually and logically.”
The order from the 5th Circuit for the Justice Department to
clarify its position on judicial authority came during a separate challenge to
Obamacare brought by physician-owned hospitals.
As a Justice Department lawyer began arguing the
government’s case, Appeals Judge Jerry Smith interrupted the presentation to
ask if the 5th Circuit Court had the legal authority to strike down a law it
finds to be unconstitutional. CBS News reports that when the government lawyer
answered affirmatively, the judge stated that it was not clear to “many of us”
that the president agrees.
The three-judge panel then gave the Justice Department until
noon Thursday to provide a three-page letter clarifying whether it believes
courts have the authority to pass judgment on the constitutionality of laws. “Clearly,
Jerry Smith was upset by the president’s remarks and he has every right to
demand clarification,” judicial expert Curt Levey of the Committee for Justice
told Newsmax. “Obviously, he’s making a point as well as requesting
clarification.
“But the president left himself open to that,” Levey added.
“Of course the president doesn’t really believe the Supreme Court can’t strike
down unconstitutional laws. But if the president’s going to say things like
that to demagogue, then he is responsible for them.”
Many observers saw the president’s remarks as a clumsy
attempt to “work the refs” and influence the court’s decision on his healthcare
reforms. His challenge to the independent judiciary branch of government
provoked widespread criticism from both sides of the aisle Tuesday.
“For the president to imply that the only explanation for a
constitutional conclusion contrary to his own would be out-of-control
conservative justices does the court a disservice,” wrote Washington Post
correspondent Ruth Marcus, who has been a staunch defender of the president’s
policies.
The Wall Street Journal, meanwhile, published a pointed
editorial taking the president to task.
“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,” it stated. “As he runs for
re-election, Mr. Obama's inner community organizer seems to be winning out over
the law professor.” By upping the ante, the 5th Circuit focuses
more attention on a misstep that the administration would prefer go unnoticed.
The president came under attack from the left and right Tuesday over what
looked like a blatant attempt to intimidate the court and influence its
verdict. He quickly backed off from his challenge to the judiciary, however. “The
point I was making is that the Supreme Court is the final say on our
Constitution, and all of us have to respect it,” he said. “But it’s precisely
because of that extraordinary power that the court has traditionally exercised
significant restraint and deference to a duly elected legislature. Obama went
on to assert that overturning congressional legislation was so extraordinary
that the burden of proof would be on those who felt it could be
unconstitutional. That view, however,
appeared to be at odds with the position of the key swing vote in the case,
however: Associate Justice Anthony Kennedy.
“I understand that we must presume laws are constitutional,”
Justice Kennedy said to U.S. Solicitor General Donald B. Verrilli on the second
day of oral arguments last week. “But, even so, when you are changing the
relation of the individual to the government in this, what we can stipulate is,
I think a unique way, do you not have a heavy burden of justification to show
authorization under the Constitution?”
How naive is he to
think that our Supreme Court cannot overturn an unconstitutional law. Then when
he realizes that he was WRONG, he attempts to threaten and intimidate them. I
think the power we gave him has gone to his head. These are precisely the
reasons why he is so ineffective in office. I think it's time we took back the power. YES, we the people have that power!!!
THE TIME FOR CHANGE
HAS COME! WE NEED A LEADER WHO CAN AND WILL GET THIS COUNTRY BACK TO WHERE IT
BELONGS AND OUT OF THE GUTTER WHERE OBAMA PUT US!
NOVEMBER ELECTIONS ARE COMING! REMEMBER THESE THINGS WHEN
YOU GO TO CAST YOUR VOTE.