Skip to comments.President Claims Court Ruling Against Health Care Law Would Be Unprecedented
Posted on 04/07/2012 10:49:46 AM PDT by John Semmens
In an effort to try to nudge the Supreme Court toward a favorable decision on his signature legislative accomplishment, President Obama argued that overturning the Affordable Care Act would be unprecedented.
Both Congress and the Executive have already assessed the constitutionality of this law, Obama asserted. We wouldnt have approved it if it were unconstitutional.
The president said that the fact that two branches of the government have already come down on the side of the laws constitutionality should be enough. Frankly, Im surprised that the Court is even bothering to take up the issue. In a best-out-of-three play-off they dont play the third game if one side has won the first two. In fact, to have a situation where one branch can overrule the other two would be unprecedented.
Obama discounted the Republicans citation of 150 previous instances in which the Court had overruled Acts of Congress. Those were all before the Roosevelt era when the Court finally realized that its attempts to limit the power of the government to act for the general welfare were mistaken, he said. Since that time the practice has been for the Court to defer to the other branches except in cases like Roe vs. Wade where the other branches have failed to enact the appropriate laws.
In related news, Attorney General Eric Holder acknowledged that Weve become accustomed to letting the Court have the last word on the Constitutionality of our laws. However, there is no language in the Constitution that expressly grants the Court the authority to negate an Act of Congress. Neither is there any language requiring the Executive to abide by what the Court says. So, an unfavorable ruling doesnt mean game over.
if you missed any of this week's other semi-news posts you can find them at...
ya, well it did get his pillow talk with the Russians off the news
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.