Charles Krauthammer (video here) has a few choice words for our
Constitutional Law Professor part-time law lecturer in Chief:
“Here’s the president talking about respect for the law and implying there’s partisanship if the law is overturned. We all were witnesses to the oral hearings in which Obama’s case for the constitutionality of the law was utterly demolished to the point where one liberal observer called it a ‘train wreck,’” Charles Krauthammer said on FOX News’ “Special Report” this evening.
“It’s perfectly natural for a majority of the Court to side with the side that actually won the argument intellectually. That’s not partisanship, that’s logic. What is partisanship is when the four liberal justices are in such lockstep with the administration that they end up supporting the case that’s been utterly destroyed in an open argument and be humiliated,” Krauthammer said on the panel.
“Second, the president talks about the deal as unprecedented. What’s he talking about? Since 1803, our system has been one in which the Supreme Court in the end, judges, whether the law is constitutional or not. And in this case, he talked about the law passing by majority. He had a strong majority, with 75 Democrats outnumbering Republicans in the House. Obamacare passed by seven votes. It was a very narrow majority. It wasn’t a broad of a majority that he implied,” he added.
And, oh my! Could he be wrong about MORE?
James Taranto of the Wall Street Journalnoted that Obama, facing questions from journalists, had cited the case of Lochner v. New York (1905) as the last time the Supreme Court had overturned an economic law passed by Congress:
Well, first of all, let me be very specific. Um [pause], we have not seen a court overturn [pause] a [pause] law that was passed [pause] by Congress on [pause] a [pause] economic issue, like health care, that I think most people would clearly consider commerce. A law like that has not been overturned [pause] at least since Lochner, right? So we’re going back to the ’30s, pre-New Deal.
Obama was wrong on three counts: Lochner was not decided in the 1930s; it was not the last time an economic law was overturned; and it involved a state law, not a federal one.
But Obama’s interpretation of Lochner is an interesting one, and points directly to the influence of Derrick Bell and his radical Critical Race Theory approach to constitutional jurisprudence.
And now a federal appeals court is wondering if Obama knows anything about the law or the role of SCOTUS…. (bolding mine)
In the escalating battle between the administration and the judiciary, a federal appeals court apparently is calling the president’s bluff — ordering 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.
The order, by a three-judge panel of the U.S. Court of Appeals for the 5th Circuit, appears to be in direct response to the president’s comments yesterday about the Supreme Court’s review of the health care law. Mr. Obama all but threw down the gauntlet with the justices, saying he was “confident” the Court would 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.”
Overturning a law of course would not be unprecedented — since the Supreme Court since 1803 has asserted the power to strike down laws it interprets as unconstitutional. The three-judge appellate court appears to be asking the administration to admit that basic premise — despite the president’s remarks that implied the contrary. The panel ordered the Justice Department to submit a three-page, single-spaced letter by noon Thursday addressing whether the Executive Branch believes courts have such power, the lawyer said.
The panel is hearing a separate challenge to the health care law by physician-owned hospitals. The issue arose when a lawyer for the Justice Department began arguing before the judges. Appeals Court Judge Jerry Smith immediately interrupted, asking if DOJ agreed that the judiciary could strike down an unconstitutional law.
The DOJ lawyer, Dana Lydia Kaersvang, answered yes — and mentioned Marbury v. Madison, the landmark case that firmly established the principle of judicial review more than 200 years ago, according to the lawyer in the courtroom.
Smith then became “very stern,” the source said, suggesting it wasn’t clear whether the president believes such a right exists. The other two judges on the panel, Emilio Garza and Leslie Southwick–both Republican appointees–remained silent, the source said.
Smith, a Reagan appointee, went on to say that comments from the president and others in the Executive Branch indicate they believe judges don’t have the power to review laws and strike those that are unconstitutional, specifically referencing Mr. Obama’s comments yesterday about judges being an “unelected group of people.”
How embarrassing. The whole world can now see that we have a president who is not just a bully, but is clueless about how the government he “leads” works. Oh, and Mr. “I’ll Say Anything to Get Elected, Even One Thing to One Group and the Opposite to Another Group” doesn’t understand why SCOTUS members are not elected????
And now he’s being required to write a paper on the subject, to see if he can prove that he was listening in class! Besides stipulating how many pages and that it should be single-spaced, they probably should have also mandated that he not leave the “ly” off of adverbs! Because it is looking increasingly like our “president”, our “constitutional law professor” at the helm, went to
writingcollege.com presidentingcollege.com !!!
Ready on Day One.
Pfffttt. He shouldn’t even have been passed out of high school.