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Obama’s unsettling attack on the Supreme Court
Washington Post ^ | 04/03/2012 | Ruth Marcus

Posted on 04/03/2012 9:45:38 AM PDT by SeekAndFind

There was something rather unsettling in President Obama’s preemptive strike on the Supreme Court at Monday’s news conference.

“I’d just remind conservative commentators that for years what we’ve heard is the biggest problem on the bench is judicial activism or a lack of judicial restraint — that an unelected group of people would somehow overturn a duly constituted and passed law,” Obama said. “Well, here’s a good example. And I’m pretty confident that this court will recognize that, and not take that step.”

To be clear, I believe the individual mandate is both good policy and sound law, well within Congress’ powers under the Commerce Clause. I think overturning the mandate would be bad not only for the country but for the court itself. Especially in the wake of Bush v. Gore and Citizens United, it would look like a political act to have the five Republican-appointed justices voting to strike down the law and the four Democratic appointees voting to uphold it.

That unfortunate outcome would risk dragging the court down to the partisan level of a Congress that passed the law without a single Republican vote. As much as the public dislikes the individual mandate, a party-line split would not be a healthy outcome for public confidence in the court’s integrity.

And yet, Obama’s assault on “an unelected group of people” stopped me cold. Because, as the former constitutional law professor certainly understands, it is the essence of our governmental system to vest in the court the ultimate power to decide the meaning of the constitution. Even if, as the president said, it means overturning “a duly constituted and passed law.”

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: bhofascism; corruption; democrats; obama; obamacare; obamathreatensscotus; obamatruthfile; scotus

1 posted on 04/03/2012 9:45:48 AM PDT by SeekAndFind
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To: SeekAndFind

http://www.youtube.com/watch_popup?v=HcBaSP31Be8&vg=medium


2 posted on 04/03/2012 9:47:28 AM PDT by IbJensen (We now have a government requiring citizens prove they are insured but not that they are citizens.)
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To: SeekAndFind

Politicizing the court by bringing up the party of who appointed whom — Zero is a disaster. God help us.


3 posted on 04/03/2012 9:50:10 AM PDT by Albion Wilde ("Real men are not threatened by strong women." -- Sarah Palin)
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To: SeekAndFind

Not so subtle TYRANNY!


4 posted on 04/03/2012 9:51:12 AM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: SeekAndFind

Oh, that Ruth Marcus, she’s such a little minx!

Brother, if she thinks this is a good law, she needs to take a look at Marbury vs. Madison.

What difference does it make, truly, if the individual mandate is shot down 5 to 4? 5 is still more than 4, is it not?

See my tagline.

-Rex


5 posted on 04/03/2012 9:51:53 AM PDT by RexBeach (Mr. Obama Can't Count.)
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To: SeekAndFind

This rant by the so called Constitutional Professor was great. It fully exposed him as the blithering idiot he is. He had no idea what an activist court was and he kept using phrases that made no sense.


6 posted on 04/03/2012 9:53:44 AM PDT by Lazlo in PA (Now living in a newly minted Red State.)
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To: IbJensen

bttt

love your tagline


7 posted on 04/03/2012 9:58:16 AM PDT by silverleaf (Funny how all the people who are for abortion are already born)
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To: Lazlo in PA

His vernacular is that of a 13-year-old. He is not a good speaker.

He may be a marxist, but he is not an intelligent human being.


8 posted on 04/03/2012 9:59:44 AM PDT by NoKoolAidforMe (I'm clinging to my God and my guns. You can keep the change.)
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To: SeekAndFind

Barkie Obummer demonstrates yet again he has no sense of propriety, no class, no decency, no nothing except a narcissistic ego the size of Russia. IF, by some miracle, Obamacare gets struck down, we will see a temper tantrum to end all temper tantrums by the occupier of the WH.


9 posted on 04/03/2012 9:59:44 AM PDT by MissMagnolia (Being powerful is like being a lady. If you have to tell people you are, you aren't. (M.Thatcher))
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To: SeekAndFind
It's all part of the Obama Reelection campaign....

The judge had some good comments regarding Obama and his intent ,...this morning...on Fox Business news,

10 posted on 04/03/2012 10:00:09 AM PDT by Ernest_at_the_Beach (The Global Warming HOAX is about Global Governance)
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To: SeekAndFind
Barry is clearly afraid. I think he has internal polling showing if ObamaCare goes down, he will be seen as a loser in the eyes of the American electorate.

Barry and Van Jones created Occupy Wall Street to reinvigorate the youth vote and under the expectation Mitt Romney, venture capitalist would be the Republican nominee.

Barry declared war on the Catholic Church against the best advice of Joe Biden in order to reinvigorate the single women vote.

Barry's minions spun up the Trayvon Martin case thinking George Zimmerman was a white man. When the pictures came out, and Zimmerman looked like somebody loitering around Home Depot for day work, the MSM created the new ethnic category "White Hispanic".

Barry put Elena Kagan, White House Solicitor involved in not only the creation of ObamaCare, but the drafting of the ObamaCare legal defense strategy on the SCOTUS to try to prevent ObamaCare from being overturned.

Given ObamaCare is likely to be overturned, Obama is forced to use a scorched earth strategy.

War on capitalism and economic liberty.

War on the Catholic Church and individual responsibility.

War on white Americans.

War on the Supreme Court.

This is Obama's reelection strategy.

11 posted on 04/03/2012 10:01:40 AM PDT by magellan
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To: SeekAndFind
"an unelected group of people would somehow overturn a duly constituted and passed law"

The fact that SCOTUS is unelected is not an issue when the ruling is in favor of the left, is it?

12 posted on 04/03/2012 10:02:39 AM PDT by NRA1995 (I'll cling to my religion and guns till they're pried from my cold dead fingers!)
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To: SeekAndFind

Well here’s one liberal lawyer who has awoken to the reality that his ideal of socialist centralized power precludes the judicial branch. You get one or the other: a constitutional republic or a socialist utopia. One preclude the existence of the other.

Without a constitution, there is no separation of power; no courts and no Congress. Without limits on Federal power, the constitution is dead and so is the legal profession. Suddenly a bunch of liberal lawyers are without purpose beyond bowing to Dear Reader and The Party. They do this now, but it is a political fad choice. If they get what they work for - socialism - there will be no choice anymore.


13 posted on 04/03/2012 10:02:48 AM PDT by SaraJohnson
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To: SeekAndFind

He has “joked” in the past about wanting to be a dictator (once in front of La Raza which chanted “Yes we can, yes wwe can” in response)


14 posted on 04/03/2012 10:06:00 AM PDT by GeronL (The Right to Life came before the Right to Pursue Happiness)
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To: Lazlo in PA
If this guy is a constitution lawyer and actually taught the constitution at a so called prestigious university maybe that is why he won't release his college transcripts.
15 posted on 04/03/2012 10:06:16 AM PDT by mosaicwolf (Strength and Honor)
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To: SeekAndFind

The totalitarian mind doesn’t deal well with conflict, competition and independent thinking, especially when the desired goals of the state are delayed. After reelection, Obama will have little choice but to purge the Supreme court of undesirable conservatives. He knows best, and best knows that people have to be told what to think, and forced to think it, including these arrogant judges.

I wish I could put a /s after that short rant, but there is no sarcasm in it. The left and their leader Obama know the importance of controlling the way we think, and that goes double for law makers.


16 posted on 04/03/2012 10:07:13 AM PDT by pallis
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To: SeekAndFind
"...To be clear, I believe the individual mandate is both good policy and sound law, well within Congress’ powers under the Commerce Clause..."

Bzzzzzzt.

Sorry Ruth. You just intellectually disrobed yourself, rendering anything you write barely worthy of reading. (Ginsberg, are you using an alias now?)

17 posted on 04/03/2012 10:09:51 AM PDT by rlmorel (A knife in the chest from a unapologetic liberal is preferable to a knife in the back from a RINO.)
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To: SeekAndFind

Shut up, SNOB-ama


18 posted on 04/03/2012 10:10:09 AM PDT by andonte
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To: SeekAndFind

” it would look like a political act to have the five Republican-appointed justices voting to strike down the law and the four Democratic appointees voting to uphold it.”

Who appointed Ruth Buzzy Ginsburg? Wasn’t that a Repub?


19 posted on 04/03/2012 10:15:45 AM PDT by Beagle8U (Free Republic -- One stop shopping ....... It's the Conservative Super WalMart for news .)
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To: Beagle8U

Should have looked it up. Ruth Buzzy was appointed by Clowntoon.


20 posted on 04/03/2012 10:22:15 AM PDT by Beagle8U (Free Republic -- One stop shopping ....... It's the Conservative Super WalMart for news .)
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To: SeekAndFind

A duly constituted law passed by Congress? So the Hell what moron,who appointed the Congress Gods? Why have any court if all they have to pass laws and that’s it? How about Congress passes a law that says all private property is hereby confiscated by the Federal government.Its a duly consttituted law passed by Congress. This guy is President of the United States?
He is more Hostile to the Supreme court, radio talk show hosts
Whitee Americans than he is to the Russians
Hey Putin just wait until after the election so I won’t have to kiss the butt of these Republicans and pretend I took an oath to that rag of negative liberties the Constitution.


21 posted on 04/03/2012 10:24:57 AM PDT by ballplayer
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To: SeekAndFind

re: “To be clear, I believe the individual mandate is both good policy and sound law, well within Congress’ powers under the Commerce Clause. I think overturning the mandate would be bad not only for the country but for the court itself. Especially in the wake of Bush v. Gore and Citizens United, it would look like a political act to have the five Republican-appointed justices voting to strike down the law and the four Democratic appointees voting to uphold it.”

I’m glad Ruth is “troubled” by Obama’s language regarding the Court - but her believing the law is “good policy” and “sound law” is also troubling to me.

Then she goes on to say that it would be bad if the Court strikes down Obamacare - not because it’s constitutional or unconstitutional, but because it would look “political”.

So, now the Court should approve or disapprove of cases set before it based on how it would look politically? If, in her mind, the Court made a bad decision previously, it should “balance” it out on a new case? Sounds like how some referees give one team a “freebee” call to their advantage because of some previous bad call that benefited the opposing team - all to “balance” out the bad calls.

She perpetuates her views that Bush V. Gore in 2000 was a “bad” call by the Court when it stopped the Florida Supreme Court from stealing the election in its attempt to give it to Gore, and the Citizens United decision where the Court allowed corporations to give to whichever candidate it wanted without limits - just as unions do!

Lord! These people never quit with the BS. Give us a break!


22 posted on 04/03/2012 10:31:05 AM PDT by rusty schucklefurd
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To: SeekAndFind
The the individual mandate is paid to insurance companies but only the government can tax and that is what the mandate is.
23 posted on 04/03/2012 10:45:16 AM PDT by Phlap (REDNECK@LIBARTS.EDU)
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To: SeekAndFind
Because, as the former constitutional law professor certainly understands...

Bzzzzt

Wrong. He was never any such thing. He was only a guest lecturer.

24 posted on 04/03/2012 11:28:57 AM PDT by PogySailor (Obama is a SCOAMF)
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To: SeekAndFind
Especially in the wake of Bush v. Gore and Citizens United, it would look like a political act to have the five Republican-appointed justices voting to strike down the law and the four Democratic appointees voting to uphold it.

Lately, I have been agreeing with "Baby Doc" way too much, and it is troubling me.

The vote SHOULD be 9-0 to strike the overreaching law in its entirety.

25 posted on 04/03/2012 12:10:40 PM PDT by Publius6961 (ItÂ’s easy to make phony promises you canÂ’t keep. - Obama, Feb23, 2012)
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To: NRA1995

That comment “unelected group of people” referring to the Supreme Court justices... it is just unbelievable the way 0bama takes to insulting people and groups - but this one is pretty low. As if the fact that they are not elected diminishes them or the stature of the court. I bet they all have birth certificates.


26 posted on 04/03/2012 1:09:29 PM PDT by NEMDF
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