Obama gets a homework assignment from Circuit Court
Early last week the US Supreme Court heard oral arguments over whether the Affordable Care Act, or Obamacare, was constitutional.
A lot of folks out here in the real world – the folks that have to actually pay for this mess from the President and the Democrats – don’t think it is. I’m one of those folks.
The biggest issue, and the one the Supreme Court looked at very closely, was whether it was constitutional for the federal government to force us to buy insurance and then fine us if we chose not to.
Now, I don’t know about you but, almost every poll out there says Americans are strongly against this law, and, like me, they want to see it overturned- as many as 62% of us depending on which one you read.
The Court is expected to hand down its decision in June. The problem here is that President Obama decided to take a shot at them before the decision had even been made. Earlier this week, President Obama said that it would be an ‘extraordinary step’ for the Supreme Court to overturn this law, and suggested it would amount to ‘judicial activism’ if they did:
“Ultimately I’m confident 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.”
Reflecting the political stakes, Obama also addressed “conservative commentators” that he said have long argued against “judicial activism,” and bemoaned “an unelected group of people would somehow overturn a duly constituted and passed law.”
The problem with Obama’s statements is that they are simply not true. His invention of a right that is not in the Constitution is activism, not the adults in the room striking it down.
And referring to them as unelected officials is disingenuous when you consider that the very same elected officials who passed this law put several of these Justices on the bench for life.
Worse, that ‘strong majority of a democratically elected Congress’ to which the President refers was 5 Democrats. According to the official Roll Call vote, the final tally came in at 220-215, and 39 of the NO votes were Democrats.
The President has only gotten himself in deeper with the Judiciary since making these claims. During oral arguments in a separate challenge to Obamacare, the 5th Circuit Court of Appeals asked whether the President believed that “the courts have the right to strike down a federal law,” and have demanded he submit a three page, single-spaced response.
It looks to me as if the 5th Circuit is saying, I’ll see your political rhetoric, Mr. Obama, and raise you some judicial reality.”
Your friend, Samuel “Joe The Plumber” Wurzelbacher
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