Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Henninger: The Supreme Court Lands in Oz
The Wall Street Journal ^ | 04/05/2012 | DANIEL HENNINGER

Posted on 04/05/2012 6:09:28 AM PDT by Lacey

'I am confident," announced the president of the United States, "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." And so it was on Monday that Barack Obama, anticipating a loss before the Supreme Court, added the third branch of government to the list of villains he will run against in his re-election campaign.

Many are saying the president should know Marbury v. Madison. He does. It doesn't matter. If something gets in his way, Barack Obama hammers it—whether courts or Congress. The left likes that. It remains to find out if the rest of the country wants the judicial and legislative branches subordinated to a national leader.

(Excerpt) Read more at online.wsj.com ...


TOPICS: Constitution/Conservatism; Government; Philosophy; Politics/Elections
KEYWORDS:
Now that most of us have learned about Critical Race Theory and its influence on Obama we should get up to speed on Critical Legal Theory.

http://www.law.cornell.edu/wex/Critical_legal_theory

1 posted on 04/05/2012 6:09:33 AM PDT by Lacey
[ Post Reply | Private Reply | View Replies]

To: Lacey
Obama is using the Hugo Chavez playbook.

When that pesky old Constitution gets in the way, ignore it, and attack anybody who stands against you.


2 posted on 04/05/2012 6:13:11 AM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lacey

The claims that the Democrats are trying to intimidate the Supremes by talk of impeachment is just silly.

Well, actually they may be trying to do this, but the notion that the Supremes will actually be intimidated is silly.

Impeachment requires simple majority of the House and conviction requires 2/3 majority of the Senate. There is no way either could be achieved. It is unlikely the Democrats could even keep all their peeps in line, possibly not even a majority of them, much less override the GOP majority in the House.


3 posted on 04/05/2012 6:21:36 AM PDT by Sherman Logan
[ Post Reply | Private Reply | To 1 | View Replies]

To: Sherman Logan

I wouldn’t mind seeing Kagan impeached. She should not be reviewing this law due to her past association with it. The Left may want to hold off on impeachment talk. It may actually cause the Right to start thinking along those same lines.


4 posted on 04/05/2012 6:25:32 AM PDT by BeckB
[ Post Reply | Private Reply | To 3 | View Replies]

To: Lacey
Some think Mr. Obama and his progressive infantry are trying to intimidate the Justices, specifically Justice Anthony Kennedy

No, I don't think Obama thought he could influence the Justices one way or the other.

I think he was just testing a message...the one he'll have to deliver if the SC strikes down Obamacare.

Best to test the message now so it's the wrong oone it won't have as much of an impact later. And, yes...it looks like it was the wrong one so now he'll have to tweak it haha.

5 posted on 04/05/2012 6:27:14 AM PDT by what's up
[ Post Reply | Private Reply | To 1 | View Replies]

To: what's up

ObamaCare 219-212
Line Item Veto UNANIMOUS CONSENT!


6 posted on 04/05/2012 6:31:25 AM PDT by massgopguy (I owe everything to George Bailey)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Lacey

Oz? Would it be fantasy. Deficit spending, massive borrowing and dollar printing, unsustainable debt, a war on carbon energy sources, unfunded liabilities etc etc . Its all to real. What’s more given a billion dollar reelection fund directed at muddled voters in battleground states and extensive fraud, the Obama clown parade is likely to continue.


7 posted on 04/05/2012 6:34:19 AM PDT by allendale
[ Post Reply | Private Reply | To 1 | View Replies]

To: Sherman Logan

“Chip Away.” It’s not just another flavor of ice cream!


8 posted on 04/05/2012 6:34:45 AM PDT by Lady Lucky ( Romney -- the pink slime of presidential politics)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Lacey; ding_dong_daddy_from_dumas; stephenjohnbanker; DoughtyOne; calcowgirl; Gilbo_3; NFHale; ...
RE:”I am confident,” announced the president of the United States, “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.” And so it was on Monday that Barack Obama, anticipating a loss before the Supreme Court, added the third branch of government to the list of villains he will run against in his re-election campaign.
Many are saying the president should know Marbury v. Madison. He does. It doesn't matter. If something gets in his way, Barack Obama hammers it—whether courts or Congress. The left likes that. It remains to find out if the rest of the country wants the judicial and legislative branches subordinated to a national leader......
It appears to be unprecedented, however, for a U.S. president to have attacked the Supreme Court before it handed down its decision. Some think Mr. Obama and his progressive infantry are trying to intimidate the Justices, specifically Justice Anthony Kennedy. But most legal commentary has said the president's attack is likely to anger the justices, perhaps including some of the court's liberals. Mr. Obama’s notion of judicial review diminishes all the members of any court, not just its conservatives. It doesn't help the always difficult struggle for an independent judiciary in other countries if an American president is issuing Venezuela-like statements on U.S. courts.....
It was the Supreme Court's great debunker, Justice Antonin Scalia, who came closest in the ObamaCare oral arguments to pulling the curtain back on the Affordable Care Act's inner machinery. That was the moment when Justice Scalia asked: “What happened to the Eighth Amendment? You really want us to go through these 2,700 pages?

Enjoyable read :

Henninger: The Supreme Court Lands in Oz Like the original wizard, Barack Obama doesn't want anyone to look behind the curtain.(direct link)

9 posted on 04/05/2012 6:35:14 AM PDT by sickoflibs (Obama : "I will just make insurance companies give you health care for 'free, What Mandates??' ")
[ Post Reply | Private Reply | To 1 | View Replies]

To: what's up
I think he was just testing a message...the one he'll have to deliver if the SC strikes down Obamacare.
That's what I think, although I would change the "he" to "they", the people who control this puppet. Obama himself doesn't think much at all, unless we're talking about ice cream or golf or cocaine or cigarettes. He LIKES ice cream, gold, cocaine and cigarettes.
10 posted on 04/05/2012 6:44:54 AM PDT by samtheman
[ Post Reply | Private Reply | To 5 | View Replies]

To: Lacey

11 posted on 04/05/2012 6:50:48 AM PDT by Red Badger (Think logically. Act normally.................)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lacey; Lurking Libertarian; JDW11235; Clairity; TheOldLady; Spacetrucker; Art in Idaho; GregNH; ...
SUPREME COURT OF THE UNITED STATES

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

12 posted on 04/05/2012 6:53:48 AM PDT by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
[ Post Reply | Private Reply | To 1 | View Replies]

To: sickoflibs
If not for Affirmative Action, I suspect that Barack Obama would not be deemed qualified to teach high school civics, much less Constitutional Law. Something’s seriously out of whack: here's a man who has been exposed to the best education our nation has to offer, and he either does not grasp or refuses to acknowledge the basic tenets of our republic. Rush Limbaugh says it's a plan to appeal to stupid people by claiming that Obama gave them health care and the hateful Republican court took it away. Maybe. Or maybe, this president is just not the bright fellow he's claimed to be. Or, maybe, something truly evil.
13 posted on 04/05/2012 6:54:16 AM PDT by July4 (Remember the price paid for your freedom.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Lacey

There should be some news out in the next 2 hours regarding the DOJ doing the 3 page paper homework assignment. Anybody have a link to more news on this?


14 posted on 04/05/2012 6:57:32 AM PDT by C210N (Mitt "Severe Etch-a-Sketch" mcRominate-me)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lacey
'I am confident," announced the president of the United States, "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."

Four lies in one sentence.

15 posted on 04/05/2012 6:58:36 AM PDT by Roccus
[ Post Reply | Private Reply | To 1 | View Replies]

To: BeckB
"Kagan On The Case"

A farcical comedy where your spouses divorce lawyer adjudicates your appeal.

Hilarity reigns as Kagan serves as a one-softball-pitching-woman Death Panel for a nation.

16 posted on 04/05/2012 7:02:00 AM PDT by Aevery_Freeman (Typed using <FONT STYLE=SARCASM> unless otherwise noted)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Lacey
Obama knew about the power of the SCOTUS to strike down laws as unconstitutional...any law student would know this. However, Obama's outburst was purely from Saul Alinsky's Rules for Radicals
. Rule 11: Pick the target, freeze it, personalize it, polarize it. Don’t try to attack abstract corporations or bureaucracies. Identify a responsible individual. Ignore attempts to shift or spread the blame.

Obama may well have been leaked the results of last week's vote and Obamcare is going down 5 to 4. To respond he must demonize the SCOTUS.

17 posted on 04/05/2012 7:04:11 AM PDT by The Great RJ ("The problem with socialism is that pretty soon you run out of other people's money" M. Thatcher)
[ Post Reply | Private Reply | To 1 | View Replies]

To: C210N
Anybody have a link to more news on this?

Just to partially answer my own question...

Fifth circuit site (but doesn't look like it would have up-to-minute info)

Justia.com follows the smallest details of the doctor-hospitals/sebelious case but again, looks like it is updated days/weeks/months after breaking news

18 posted on 04/05/2012 7:04:20 AM PDT by C210N (Mitt "Severe Etch-a-Sketch" mcRominate-me)
[ Post Reply | Private Reply | To 14 | View Replies]

To: July4; ding_dong_daddy_from_dumas; DoughtyOne; calcowgirl; Gilbo_3; Impy; stephenjohnbanker; ...
RE :” If not for Affirmative Action, I suspect that Barack Obama would not be deemed qualified to teach high school civics, much less Constitutional Law. Something’s seriously out of whack: here's a man who has been exposed to the best education our nation has to offer, and he either does not grasp or refuses to acknowledge the basic tenets of our republic.

No, Obama knows exactly what he is doing and he doesnt believe what he says half the time, and to a large exent it's working. If he was stupid he wouldnt have kicked congressional Republicans behinds all last year.

RE :” Rush Limbaugh says it's a plan to appeal to stupid people by claiming that Obama gave them health care and the hateful Republican court took it away

Rush is 100% correct on this, although I think this specific attack is largely to keep the Democratic liberal base fired up behind him. Yesterday I wrote and posted twice :

Never before has a POTUS counted on and benefited from the voters ignorance to this degree. I always said that voters are gullible but this is feat amazing to watch.”

19 posted on 04/05/2012 7:09:53 AM PDT by sickoflibs (Obama : "I will just make insurance companies give you health care for 'free, What Mandates??' ")
[ Post Reply | Private Reply | To 13 | View Replies]

To: The Great RJ

I’m not convinced he has inside knowledge of the vote, I think he made these statements to hedge his bets. If it happens that SCOTUS upholds the law Obama will be seen by his base as a strong leader who backed SCOTUS into a corner and forced it to do his bidding. If the law is struck down he still has his villain to run against.


20 posted on 04/05/2012 7:17:55 AM PDT by cbvanb
[ Post Reply | Private Reply | To 17 | View Replies]

To: Travis McGee
Mr. Obama's notion of judicial review diminishes all the members of any court, not just its conservatives. It doesn't help the always difficult struggle for an independent judiciary in other countries if an American president is issuing Venezuela-like statements on U.S. courts.

You're got it, Travis - right from the Chavez playbook.

21 posted on 04/05/2012 7:17:55 AM PDT by GOPJ (Hoodies - because you can't kill a security camera for snitchin' - - freeper tacticalogic)
[ Post Reply | Private Reply | To 2 | View Replies]

To: cbvanb; The Great RJ

As soon as the justices took their vote last Friday, be assured that Kagan called the Oval office..


22 posted on 04/05/2012 7:35:08 AM PDT by ken5050
[ Post Reply | Private Reply | To 20 | View Replies]

To: Lacey; All
I caught the end of Cavuto's show yesterday..Judge Napolitano was on, talking about this. He said that in his opinion, Obama has a "strong authoritarian streak" in him...that he doesn't believe in the three separate, but equal branches of govt.

First time I ever heard someone of some note say that publicly, and of course, as we all know, "authoritaria" is just one step removed from totalitarian..

23 posted on 04/05/2012 7:39:11 AM PDT by ken5050
[ Post Reply | Private Reply | To 1 | View Replies]

To: The Great RJ

Yep, just trying to set / control the narrative.


24 posted on 04/05/2012 7:49:30 AM PDT by NonValueAdded (Steyn: "If Greece has been knocking back the ouzo, we're face down in the vat.")
[ Post Reply | Private Reply | To 17 | View Replies]

To: Lacey

If you don’t have the facts, argue the law.
If you don’t have the law, argue the facts.
If you don’t have the facts or the law, abuse the plaintiff/defendant.


25 posted on 04/05/2012 8:04:55 AM PDT by tumblindice (our new, happy lives)
[ Post Reply | Private Reply | To 1 | View Replies]

To: tumblindice
It goes a little bit differently in military court ...

If you don't have the facts, argue the law.
If you don't have the law, argue the facts.
If you don't have the facts or the law, pound on the table and accuse the commanders of being unfeeling and unfair.

26 posted on 04/05/2012 8:07:57 AM PDT by BlueLancer ("No friend ever served me, and no enemy ever wronged me, whom I have not repaid in full" (Sulla))
[ Post Reply | Private Reply | To 25 | View Replies]

To: ken5050

I DOUBT that Kagan “called” the pResident....but, I am fairly certain they had a pre-determined method for her to communicate the vote...whether through physical signals or the work of an associate...


27 posted on 04/05/2012 8:08:03 AM PDT by goodnesswins (2012..."We mutually pledge our Lives, our Fortunes, and our Sacred Honor")
[ Post Reply | Private Reply | To 22 | View Replies]

To: tumblindice
We used to have a civilian counsel who would represent soldiers in military courts who had a standard argument whenever he made an objection or a motion against evidence or a witness' testimony ...

Judge: "Do you have a basis for your objection/motion, counsel?

Civilian attorney: "Well, Your Honor, it just tain't fair ... tain't fair at all ...

28 posted on 04/05/2012 8:10:11 AM PDT by BlueLancer ("No friend ever served me, and no enemy ever wronged me, whom I have not repaid in full" (Sulla))
[ Post Reply | Private Reply | To 25 | View Replies]

To: The Great RJ

“Rule 11: Pick the target, freeze it, personalize it, polarize it. Don’t try to attack abstract corporations or bureaucracies. Identify a responsible individual. Ignore attempts to shift or spread the blame.
Obama may well have been leaked the results of last week’s vote and Obamcare is going down 5 to 4. To respond he must demonize the SCOTUS.”

To what end? So that the 2012 Demo campaign can say: YOU MUST RE-ELECT US SO THAT WE CAN CHANGE THE 5-4 MAJORITY TO A LIBERAL 5-4 MAJORITY BY APPOINTING MORE LIBERALS TO THE SUPREME COURT. Then there will be no need for us to question the authority of the court performing judicial review.


29 posted on 04/05/2012 8:11:37 AM PDT by ngat
[ Post Reply | Private Reply | To 17 | View Replies]

To: sickoflibs

” “ Never before has a POTUS counted on and benefited from the voters ignorance to this degree. I always said that voters are gullible but this is feat amazing to watch.”

Where is the rebuttal??


30 posted on 04/05/2012 8:13:34 AM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
[ Post Reply | Private Reply | To 19 | View Replies]

To: BlueLancer

Or as Jim Carey’s character put it in the movie `Liar, Liar’ when he was incapable of lying, questioned by the judge as to the basis for his objection:
“Because your honor, that would be devastating to my case!”


31 posted on 04/05/2012 8:16:21 AM PDT by tumblindice (our new, happy lives)
[ Post Reply | Private Reply | To 28 | View Replies]

To: GOPJ; Travis McGee

” Mr. Obama’s notion of judicial review diminishes all the members of any court, not just its conservatives. It doesn’t help the always difficult struggle for an independent judiciary in other countries if an American president is issuing Venezuela-like statements on U.S. courts.”

Our so-called leaders in the House & Senate should be all over this/sarcasm


32 posted on 04/05/2012 8:17:31 AM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
[ Post Reply | Private Reply | To 21 | View Replies]

To: C210N

The DOJ filing should be available almost instantaneously through PACER. At $0.08/page, well worth it. It IS possible the court site’s docket would reflect it quickly, but the one you linked doesn’t even show the order.


33 posted on 04/05/2012 8:33:52 AM PDT by EDINVA
[ Post Reply | Private Reply | To 18 | View Replies]

To: sickoflibs; Lacey; stephenjohnbanker; DoughtyOne; calcowgirl; Gilbo_3; NFHale
Many are saying the president should know Marbury v. Madison. He does. It doesn't matter. If something gets in his way, Barack Obama hammers it—whether courts or Congress. The left likes that. It remains to find out if the rest of the country wants the judicial and legislative branches subordinated to a national leader......


34 posted on 04/05/2012 11:16:08 AM PDT by ding_dong_daddy_from_dumas (Fool me once, shame on you -- twice, shame on me -- 100 times, it's U. S. immigration policy.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: ding_dong_daddy_from_dumas

That one is cute.


35 posted on 04/05/2012 11:17:39 AM PDT by sickoflibs (Obama : "I will just make insurance companies give you health care for 'free, What Mandates??' ")
[ Post Reply | Private Reply | To 34 | View Replies]

To: sickoflibs; Lacey; stephenjohnbanker; DoughtyOne; calcowgirl; Gilbo_3; NFHale

36 posted on 04/05/2012 11:41:02 AM PDT by ding_dong_daddy_from_dumas (Fool me once, shame on you -- twice, shame on me -- 100 times, it's U. S. immigration policy.)
[ Post Reply | Private Reply | To 35 | View Replies]

To: ding_dong_daddy_from_dumas

ROTFLOL!!


37 posted on 04/05/2012 11:50:07 AM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
[ Post Reply | Private Reply | To 34 | View Replies]

To: ding_dong_daddy_from_dumas; sickoflibs; stephenjohnbanker
GREEEEAAAAT toon D...

needed to have nine vultures, all with recognizable faces,as well an ass and rino sittin on the other branch tossing blackberries to that yellow bird...

38 posted on 04/05/2012 11:52:47 AM PDT by Gilbo_3 (Gov is not reason; not eloquent; its force.Like fire,a dangerous servant & master. George Washington)
[ Post Reply | Private Reply | To 36 | View Replies]

To: cbvanb

” I’m not convinced he has inside knowledge of the vote”

You should be. Do some research on Kagan.


39 posted on 04/05/2012 11:54:20 AM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
[ Post Reply | Private Reply | To 20 | View Replies]

To: ding_dong_daddy_from_dumas

Brilliant toon!

Send it to every Republican in the House & Senate.


40 posted on 04/05/2012 11:55:40 AM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
[ Post Reply | Private Reply | To 36 | View Replies]

To: stephenjohnbanker

I guess my fear is this is all a giant rope-a-dope, and when the actual ruling is released we will find out we have been enslaved with the help of SCOTUS. I don’t doubt that obama and his minions are capable of communicating about this through back channels, I’ve just lost faith that the constitution means anything to these people any longer. And, bam will set up an argument for either way the ruling goes so he doesn’t look bad.


41 posted on 04/05/2012 12:30:13 PM PDT by cbvanb
[ Post Reply | Private Reply | To 39 | View Replies]

To: cbvanb

They will toss the whole thing. It is evil, crooked, and unconstitutional. I am in angush that the Republicans in the House & Senate have been in hiding since Jan of 2009. They could have destroyed Obama in public,and easily put him in 30-35% approval rating, but chose to let him run roughshod over the country.


42 posted on 04/05/2012 12:48:49 PM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
[ Post Reply | Private Reply | To 41 | View Replies]

To: cbvanb

I have only seen 2 brave men stand up to Obama in public....one just dropped dead(Breitbart), and the other is a Sheriff who just told the “Justice” Department in D.C. to eat excrement.


43 posted on 04/05/2012 12:52:00 PM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
[ Post Reply | Private Reply | To 41 | View Replies]

To: stephenjohnbanker

Yah, I do feel pretty good about Sheriff Joe!


44 posted on 04/05/2012 12:58:12 PM PDT by cbvanb
[ Post Reply | Private Reply | To 43 | View Replies]

To: cbvanb

If we had just 10 of him, Obama’s approval ratings would be in the 30’s.


45 posted on 04/05/2012 1:18:49 PM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
[ Post Reply | Private Reply | To 44 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson