April 3, 2012

THE NEW YORK SUN: Ex Parte Obama.

It’s been a long time since we’ve heard a presidential demarche as outrageous as President Obama’s warning to the Supreme Court not to overturn Obamacare. The president made the remarks at a press conference with the leaders of Mexico and Canada. It was an attack on the court’s standing and even its integrity in a backhanded way that is typically Obamanian. For starters the president expressed confidence that 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.” . . .

It is outrageous enough that the president’s protest was inaccurate. What in the world is he talking about when he asserts the law was passed by “a strong majority of a democratically elected Congress”? The Patient Protection and Affordable Health Care Act barely squeaked through the Congress. In the Senate it escaped a filibuster by but a hair. The vote was so tight in the house — 219 to 212 — that the leadership went through byzantine maneuvers to get the measure to the president’s desk. No Republicans voted for it when it came up in the House, and the drive to repeal the measure began the day after Mr. Obama signed the measure.

It is the aspersions the President cast on the Supreme Court, though, that take the cake. We speak of the libel about the court being an “unelected group of people” who might “somehow overturn a duly constituted and passed law.” This libel was dealt with more than two centuries ago in the newspaper column known as 78 Federalist and written by Alexander Hamilton.

Obama must be expecting to lose. Because if he wins, this kind of threat will simply allow people on the right to argue that the Supreme Court’s decision was the result of intimidation, and deserves no deference by a new Supreme Court. And how will Obama’s feminist supporters feel, given that those all-important abortion and birth-control decisions also came from an “unelected” Supreme Court?

And if I were a Republican member of Congress I’d immediately introduce a proposed Constitutional amendment to elect all future Supreme Court justices in a national vote, with no input from the President. Just for fun . . . .