After I wrote yesterday’s post about the Left’s reaction to the ObamaCare oral arguments, President Obama publicly warned the Supreme Court not to overturn ObamaCare. The President said the Court would be taking an “unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.”
It is not surprising for this President to criticize the Supreme Court in public. You may recall his scolding of the Justices of the Supreme Court for one of their rulings while they were sitting in front of him during his 2010 State of the Union address.
What is surprising is his claim that it would be an unprecedented and extraordinary step for the Supreme Court to overturn an Act of Congress. One would imagine that the President, a graduate of the Harvard Law School and a former constitutional law professor, would know better. (He surely does and is just playing politics.)
The Court’s review and, in some cases, invalidation of federal laws is a longstanding tradition that is a key part of the Constitution’s system of separation of powers and checks and balances that helps to ensure that government entities do not exceed the limitations on their lawful authority.
Ten years ago, the Government Printing Office (“GPO”) published a document called “Acts of Congress Held Unconstitutional in Whole or in Part by the Supreme Court of the United States.” According to the GPO, from the time the Supreme Court was created through 2002, the Court overturned all or part of 158 Acts of Congress. Here is a partial list from 1990 to 2002:
When all is said and done, the Constitution’s text and history, not any outside pressure or criticism, should be the determining factor in how the Supreme Court resolves the ObamaCare case.
As we approach the one year anniversary of the Hobby Lobby decision , where the Supreme Court held that the HHS Mandate violated the religious liberties of business owners, it’s clear that the struggle to vindicate religious freedom and the right to conscience is far from over. Having said that,
Today the U.S. Supreme Court heard oral arguments in a case that could cripple ObamaCare. The Supreme Court has a critical opportunity to reject IRS regulations that illegally authorize tax subsidies for purchasers of health insurance on federal healthcare exchanges. The ACLJ has filed an amicus...
After his “glib” apology before Congress this week for calling the American people “stupid,” ObamaCare architect Jonathan Gruber attempted to dodge, duck, dip, dive, and … dodge every substantive question that came his way. He refused to answer even the simplest questions like how much ( millions )
From day one, we have warned that the real danger of Obamacare is not in the 2,700 pages of its text (as bad as they are), but in the hundreds of thousands of pages of rules and regulations that would flow out of that text. This week provides yet another example of that danger, and it is in the...