(Late Tuesday, Judge Jerry Smith of the 5th Circuit U.S. Court of Appeals demanded that the Department of Justice immediately produce a letter of explanation regarding the president’s recent criticism of the United State Supreme Court “stating specifically, and in detailed reference to those statements, what the authority is in the federal courts in this regard in terms of judicial review.” He added, “The letter needs to be at least three pages, single-spaced and it needs to be specific.” The demand was reported by Fox News and on ABC’s blog but nowhere else in the mainstream media.)
There’s only one rationale for President Barack Hussein Obama using the occasion of a visit by heads of state to try to intimidate the Supreme Court into deciding that Obamacare is constitutional: He got a tip that the Court will trash the Individual Mandate, if not the entire 2700 page mess that is the “Affordable Care Act.”
Canada’s Stephan Harper and Mexico’s Felipe Calderon attended a presser at the White House on Monday to discuss NAFTA, trade, security, etc. and were treated to an exhibition of Chicago-style bullying against the highest court in the land by their “constitutional scholar” host. It must have made them think Obama had gone off the deep end when he launched into a pre-emptive attack on SCOTUS’ authority and integrity.
The president’s salvo was replete with distortions and outright lies comparable to the distortions and lies that have surrounded the ACA ever since the law was first proposed and narrowly passed by a highly partisan Democrat Party.
The bill was pushed through the Senate on Christmas Eve, December 24, 2009, 60–39, with every Democrat voting in favor and every Republican voting against, and passed the House of Representatives on March 21, 2010, 219–212, with 34 Democrats and all 178 Republicans voting nay.
Based on the president’s Monday bullying, you would think Obamacare had passed in a landslide vote and that the American people loved the legislation when the precise opposite is the truth.
As Obama said, “Ultimately, I am confident that 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.”
“Confident?” Not bloody likely or he would have kept his mouth shut! ”Unprecedented?” SCOTUS overturns unconstitutional laws every session! “Strong majority?” The bill squeaked through the House and passed in the Senate only because Senate Democrats marched in lock-step with Obama after heavy-handed cajoling and bribery!
Obama went on to another major distortion, alleging that conservatives had been arguing for years over the “unelected” Supreme Court’s judicial activism, i.e., making rather than interpreting laws. In the Obamacare matter, SCOTUS is doing just that–interpreting, not making law.
In a tone remniscent of the Chicago politics he knows so well, Obama also issued a veiled threat against conservatives on the Supreme Court by reiterating his confidence: “I am pretty confident that this court will recognize that and not take that step” of rejecting his legacy legislation.
The question is why Obama would attempt to influence SCOTUS when all arguments have been heard and while it is still deliberating? Talk about unprecedented!
The answer is as simple as the arguments presented last week by his simpleton Solicitor General. Obama knows his liberal pals on the Court think as little of the Constitution as he does and will serve their master and conservatives on the Court will adhere to the Constitution.
He is aware that he is going to lose and this threat represents his last chance to intimidate Chief Justice John Roberts and Associate Justices Antonin Scalia, Clarence Thomas, Samuel Alito, and Anthony Kennedy into abandoning their principles and jumping onboard his sinking, stinking, healthcare ship.
What Obama can or would do to retaliate for non-compliance remains unclear. A Democrat predecessor tried stacking the Court with his cronies, and that didn’t work. Maybe he’ll introduce a constitutional amendment to abolish that co-equal branch of government so that he can rule unfettered by constitutional restraints.
Who leaked the information that preliminary, private discussion among the justices had probably indicated Obamacare would be relegated to history’s scrap heap or sent back to the Democrat drawing board and a divided Congress where it will have as much chance of passage as a resolution to declare Obama Emperor?
The best leaker bet is either minions of Elena Kagan, who should have recused herself in the first place due to a conflict of interest, or lackeys of Sonia Sotomayor, who has no clue as to Court protocols and behavior.
It doesn’t much matter which liberal spilled the beans and so perturbed the president. What matters is that, despite Obama’s unethical and unseemly intrusion into matters before the Supreme Court and his clumsy, desperate ploy to sway its opinion, in June SCOTUS will deal a death blow to Obamacare and, with any luck, to the Obama administration.