Tuesday, April 3, 2012

Constitutional scholar who has amassed unprecedented executive power worried about judicial activism or something


The President opined on Monday with respect to the Supreme Court weighing the constitutionality of his signature piece of legislation, ObamaCare.

President Barack Obama took an opening shot at conservative justices on the Supreme Court on Monday, warning that a rejection of his sweeping healthcare law would be an act of "judicial activism" that Republicans say they abhor.

Obama, a Democrat, had not commented publicly on the Supreme Court's deliberations since it heard arguments for and against the healthcare law last week.

Known as the "Affordable Care Act" or "Obamacare," the measure to expand health insurance for millions of Americans is considered Obama's signature domestic policy achievement.

The President continued:

"And I'd just remind conservative commentators that, for years, what we have heard is, the biggest problem on the bench was 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, this is a good example, and I'm pretty confident that this court will recognize that and not take that step," he said.

That's rich. We have here a man who collects unelected czars like baseball cards, who has enacted a program whereby U.S. civilians are killed without any traditional due process, who has nationalized a major portion of the domestic auto manufacturing industry, subverting the legally recognized bankruptcy process along the way, and who is now championing a law against legal challenge which was written entirely behind closed doors by lobbyists within the medical insurance industry and which is rife with kick-backs, sweetheart deals and outright bribes and which also gives the Secretary of Health and Human Services, someone no one voted for, unprecedented powers by which to execute said law; and the Supreme Court is supposed to listen to him when it comes to "unelected groups" and accountability?

The Supreme Court is looking at whether Congress exceeded its power to regulate commerce in U.S. states with that mandate.

"I think the justices should understand that in the absence of an individual mandate, you cannot have a mechanism to ensure that people with preexisting conditions can actually get health care," Obama said.

"So there's not only a economic element to this, and a legal element to this, but there's a human element to this. And I hope that's not forgotten in this political debate."

Allow us to translate: As economically unsustainable as this thing is, it becomes even more so if the mandate is eliminated. Any short or mid-term viability this thing has absolutely depends on laying a significant portion of the cost of it at the feet of people who won't even be using any of the health care system, i.e., the young and the healthy, his tugging at our heart strings, aside.

All of that, unfortunately for the President, should be moot as the central question the Supreme Court should be looking at is whether the federal government can force an individual to purchase a good and service from a private entity. That's what it comes down to because if the federal government can, what can it not force you to do?



Anonymous said...

i would really love it if a journalist actually did their job and asked the president if he actually read the transcripts, and understood what the challenge to his precious was about.

every justice on the record identified that there was a problem. the disagreement comes on how the governemnt saw fit to fix the problem.

"straw man" doesn't even come close to his arguments. it's basically why his SG got worked within the first 2 minutes of last tuesday; the defense did not give the prosecutions' arguments any merit while preparing.

Doo Doo Econ said...

It is called hubris.

Harrison said...

Maybe he was talking about the Kenyan constitution?

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