April 16, 2015

JUST IGNORE ‘EM!:   What is it about progressives that makes them think it is good for society to ignore the rule of law?  The latest iteration comes in the form of explicit calls to ignore the Supreme Court whenever it rules the “wrong” (i.e., non-progressive) way.

Because the Supreme Court isn’t presently dominated by progressives and none of the 5 current, right-of-center Justices are likely to retire before the end of the Obama Administration, progressives are now trying to create acceptability for the idea of “ignoring” the Court.  A recent New York Times op-ed by William Baude, for example, asserted that if the Court’s King v. Burwell opinion ultimately denies Obamacare subsidies to individuals states without state-run health insurance exchanges, the Obama Administration should only enforce the decision against the 4 named plaintiffs in the case.

For everyone else, Baude suggests that the Administration pretend that the law hasn’t technically been decided.  The justification for such lawlessness?:  “If the administration believes that a Supreme Court loss would be egregious and disastrous, it ought to consider taking the political heat to limit it.”   Oh, okay– that makes sense.  If the President thinks the Supreme Court’s interpretation of a law is “egregious and disastrous,” he should just ignore it for everyone but the named plaintiffs who brought the suit.

Apparently, Baude is channeling the progressive mindset.  A Feb. 2015 Rasmussen poll revealed that only 35% of Democrats disagreed when asked: “Should the president have the right to ignore federal court rulings if they are standing in the way of actions he feels are important for the country?”  81% of Republicans and 67% of voters not affiliated with either major party disagreed– an astounding difference of 32 to 46 percentage points from the Democrat perspective.


RELATED:  The Obama Administration has been notoriously disrespectful of courts, having been threatened with contempt for perjury in the ongoing lawsuit challenging the constitutionality of Obama’s immigration executive orders and actually held the Department of Interior in contempt for its behavior ignoring the court’s preliminary injunction in a offshore drilling case.

And let’s not forget that President Obama’s own remarks bullying the Supreme Court prior to its big summer 201 Obamacare decision, NFIB v. Sebelius, triggered a judge on the U.S. Court of Appeals for the Fifth Circuit to order a DOJ lawyer to provide an explanation– of at least 3 pages, single-spaced– articulating the DOJ’s position on the propriety of judicial review of the constitutionality of laws.  Holder provided the letter— only 2 1/2 pages long, defiantly enough–and used wishy-washy language that only minimally acknowledged judicial review and lectured the court on its limited role.

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