Obama Warns The Supreme Court Against Judicial Activism
Dear President Obama,
Repeat after me: "I will not comment on a case pending before the Supreme Court." That's what a president is supposed to say. A WSJ story today quotes James Simon, a professor at New York Law School: “I can’t think of a president anticipating a court decision as Mr. Obama has done and basically arguing in favor” of his side. Even the court-packing FDR “usually waited until they handed down a decision” before fulminating against the court, according to Mr. Simon.
But no. The President couldn't resist. "I'm confident," he told the press yesterday, "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."
Unprecedented? As the WSJ points out, the idea of judicial review has been around since Marbury v. Madison. When Congress oversteps its constitutional bounds, it's the job of the Court to correct it.
Strong majority? It passed the House by 7 votes (219-212) despite a large Democratic majority (back then), and just squeeked by the pre-Scott Brown Senate with 60 votes.
Obama went on to say that a decision against ObamaCare would be an example of an "unelected" court engaging in "judicial activism." An odd sentiment from a man who, just two months ago, issued a statement praising Roe v. Wade, a decision that struck down -- oh, just about 50 state laws; most of which, I'll wager, passed by more than 7 votes. But there was no talk of "judicial activism" in January; rather, Roe v. Wade was great because it helps our daughters "fulfill their dreams."
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Aug '10
Re: Obama Warns The Supreme Court Against Judicial Activism
This feels like an April Fool's article.
No?
Oh dear...
Jun '10
Re: Obama Warns The Supreme Court Against Judicial Activism
To me, this is unethical behavior on the part of a lawyer-president. Legal ethical rules a lawyer who has participated in a litigation (and he is the president of a party) from making an extrajudicial statement that will be disseminated and will have a subtantial likelihood of materially prejudiciing an adjudicative proceeding. (ABA Model Rule 3.6) .
I think that is exactly when President Obama is trying to do. I think he is trying to influent the court from his bully pulpit.
He should be punished for unethical behavior.
Re: Obama Warns The Supreme Court Against Judicial Activism
It sounds like the President is taking his cue from Jeffrey Toobin's latest.
Jul '11
Re: Obama Warns The Supreme Court Against Judicial Activism
In Chicago, when someone says what Obama just said you put on a lead proof vest.
Apr '11
Re: Obama Warns The Supreme Court Against Judicial Activism
Our super-genius constitutional law professor president promises to throw a tantrum if SCOTUS takes away his crayons.
Re: Obama Warns The Supreme Court Against Judicial Activism
It almost makes me wonder if there's something to the rumors that Obama was leaked the results of how SCOTUS is lining up on the case.
Jun '10
Re: Obama Warns The Supreme Court Against Judicial Activism
Obama is a thug. He thinks like thug. He talks like a thug. He's financed by union thugs. And he's surrounded by yes-men, like a thug. If he was around in the 1920's he'd be running booze and shaking down private citizens. But in 2012, the federal government is where you go to shake down private citizens...and oil companies...and insurance companies...etc.
Apr '11
Re: Obama Warns The Supreme Court Against Judicial Activism
So, I guess Toobin must oppose Roe v. Wade. Who knew?
Mar '12
Re: Obama Warns The Supreme Court Against Judicial Activism
I hear echoes of FDR's court-packing scheme, and it wouldn't be surprise if that's thrown over the transom by some lower-level functionary soon to get a reaction from the left.
I will admit to being absolutely stunned by this ( as evidenced by a somewhat agitated entry on my blog this morning. www.RambleRed.com). I have always seen Obama as uniquely unqualified to be President (or Senator, for that matter), lackadaisical and frighteningly lacking an ethical center. But I now see him as a serious threat to our Constitution. At the least, he is creating the misconception among some of his "true believers" that both the legislative and judicial branches are unnecessary and to be circumventing if his will is thwarted.
He is truly an imperial President.
May '10
Re: Obama Warns The Supreme Court Against Judicial Activism
You beat me to it.
As I said in another thread, I wouldn't be surprised if OWS protesters, Black Panthers and union thugs descend on the homes of any judges who vote against Obamacare.
If anyone hasn't figured out by now that President Obama is more concerned with power than with law, then I don't know what to tell you. He would not be so restrained in a second term.
Jul '11
Re: Obama Warns The Supreme Court Against Judicial Activism
How many of you true believers out there still won't vote GOP? This may be our final meaningful election if Obama wins again. Be afraid and angry.
Re: Obama Warns The Supreme Court Against Judicial Activism
Diane Ellis, Ed.: It sounds like the President is taking his cue from Jeffrey Toobin's latest.
28 minutes ago
Toobin, of course, is a partisan hack. But he's a perfect New Yorker writer -- intellectually shallow but able to churn out lots of pages. As Toobin knows, Kennedy acknowledged the usual presumption of constitutionality. But even that presumption is merely tradition - there's no textual basis for such a presumption. Kennedy was making the point that a law like this doesn't necessarily fit into the traditional presumptions.
Mar '11
Re: Obama Warns The Supreme Court Against Judicial Activism
A college student wanting a career in demolition would study structural engineering. By the same logic Obama studied the Constitution.
Jul '10
Re: Obama Warns The Supreme Court Against Judicial Activism
Diane Ellis, Ed.: It sounds like the President is taking his cue from Jeffrey Toobin's latest.
2 minutes ago
That piece by Toobin is a riot. Another excerpt:
I see... Congress can't force anyone to engage in commerce who is already engaged in commerce. The proof of engagement, of course, being that they haven't purchased a product.
Liberals are funny. If only they knew why.
Edited on April 3, 2012 at 6:00pmAug '11
Re: Obama Warns The Supreme Court Against Judicial Activism
Courtgames--
After calling the Supremes a bunch of [jerks] while they were sitting right in front of him during his SOTU speech there isn't a lot of latitude when it's time to go to Courtcom Two. So war it is.
I wonder what he'll pull when this fizzles on him.
Edited on April 5, 2012 at 3:26amAug '10
Re: Obama Warns The Supreme Court Against Judicial Activism
Maybe they think Roe vs. Wade is ok because it struck down state laws instead of a federal law, and progressives think that all government should be centralized in Washington?
Mar '12
Re: Obama Warns The Supreme Court Against Judicial Activism
Obama believes in a living constitution. Hence all constitutional and legal ideas have an expiration date. It is now okay to criticize the Court on pending cases.
Mar '11
Re: Obama Warns The Supreme Court Against Judicial Activism
I'm not surprised. One of Obama's key personality traits is a lack of restraint. He wants what he wants and he wants it now -- all of it -- and if someone looks like they are going to get in his way he blasts them with everything in his arsenal. Even when it is ill advised.
Mar '11
Re: Obama Warns The Supreme Court Against Judicial Activism
Which rumors do you refer to?
Dec '10
Re: Obama Warns The Supreme Court Against Judicial Activism
I'm convinced the rumors are true. The moment he opened his mouth it was proof.