Unelected

#1
utvolpj

utvolpj

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#1
"And I'd just remind conservative commentators that, for years, what we have heard is, the biggest problem on the bench was judicial activism, or a lack of judicial restraint, that an unelected group of people would somehow overturn a duly constituted and passed law," Obama said.
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it's only activism when they go against your wishes

also hasn't Obama appointed a couple of "czars" that were never elected?

for a constitutional scholar he really seems to struggle mightily at times
 
#2
#2
Usually I don't agree with a lot of criticisms of Obama (the Russian-election sound bite for example), but this is very brash of Obama considering the liberal judges making the case for the WH. The conservatives appear to only have one judge (Thomas) who was going to be against it regardless.
 
#3
#3
The other comments he made on this were ridiculous.

"Ultimately I am 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,"
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1. It's not "unprecedented extraordinary" for the courts to determine a law written by Congress is unconstitutional

2. It was not a strong majority - IIRC there were no R votes and it was the weakest possible majority with many Ds in the House and several in the Senate voting against it.

Once again, the strategy is to blame someone else. One more divisive move by a guy who thrives on it.
 
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#4
#4
It's clear the narrative has been written. The left expects the courts to rule against them so it can't be on the merits - it must be all political. Funny that the 4 guaranteed Yes votes are not at all political.
 
#5
#5
volinbham said:
It's clear the narrative has been written. The left expects the courts to rule against them so it can't be on the merits - it must be all political. Funny that the 4 guaranteed Yes votes are not at all political.
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Exactly.

In the run up to last week there was never any doubt that the law had 4 supporters on the court. All of the talk was about whether or not there were 5 opponents. It's amazing that 4 justices with their minds made up before the proceeding even began is not a problem.
 
#6
#6
volinbham said:
The other comments he made on this were ridiculous.



1. It's not "unprecedented extraordinary" for the courts to determine a law written by Congress is unconstitutional

2. It was not a strong majority - IIRC there were no R votes and it was the weakest possible majority with many Ds in the House and several in the Senate voting against it.

Once again, the strategy is to blame someone else. One more divisive move by a guy who thrives on it.
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spot on
 
#7
#7
The Judicial Activism bit is complete bull****. This isn't a difficult concept - you pass a law that is unconstitutional, then there's a chance it's going to get shot down. No activism needed.
 
#8
#8
"I think the American people understand -- and I think the justices should understand -- that in the absence of an individual mandate, you cannot have a mechanism to ensure that people with pre-existing conditions get health care," Obama said.

"So there's not only an economic element to this and a legal element to this, but there's a human element to this. I hope that's not forgotten in this political debate."
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So the court is supposed to rule on the economic and human elements of this law?
 
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#9
#9
Balance of powers Mr. President. The SCOTUS has every right to shoot this down if they deem so.
 
#12
#12
volinbham said:
So the court is supposed to rule on the economic and human elements of this law?
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yeah, don't you remember during the Kagan hearings. He touted her "compassion". Like being compassionate should have any bearing on the interpretation of the constitution.
 
#13
#13
golfballs03 said:
yeah, don't you remember during the Kagan hearings. He touted her "compassion". Like being compassionate should have any bearing on the interpretation of the constitution.
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I think one could make a pretty good argument that, from a strictly legal standpoint, that'd actually be a liability.
 
#14
#14
"She mandates that everybody buy health care," then-Sen. Obama said in one 2008 interview. "She'd have the government force every individual to buy insurance and I don't have such a mandate because I don't think the problem is that people don't want health insurance, it's that they can't afford it." He added, "Well, if things were that easy, I could mandate everybody to buy a house, and that would solve the problem of homelessness. It doesn't."
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what a difference a few years makes
 
#16
#16
volinbham said:
It's clear the narrative has been written. The left expects the courts to rule against them so it can't be on the merits - it must be all political. Funny that the 4 guaranteed Yes votes are not at all political.
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Normally I'm skeptical of any "Yeah but it happens on both sides" arguments about overly politicized aspects of anything, but I think certain parts of the federal judiciary, including the SCOTUS, is a place where it applies. Liberal and conservative judicial activism happens frequently. It seems Anthony Kennedy and CJ Roberts to a lesser extent are the ones it doesn't apply to.

As long as this thing goes down in a 5-4 decision, either way, SCOTUS appointments will be a big deal this next election.
 
#17
#17
utvolpj said:
what a difference a few years makes
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Obama is so ahead of the game that he realized Romney, after finishing 2nd in the 2008 primaries, was the frontrunner for the 2012 primaries (due to recent trends...McCain being second in 2000, Romney in 2008). Therefore he adopted the Massachusetts plan knowing the GOP would take a hard stand against anything he did. Therefore weakening Romney's campaign.

Obama, out flip-flopped Romney to win the re-election. :peace2:
 
#18
#18
The election would already be over if, from the beginning of his campaign, Romney had said "We did it in MA, and it was a mistake. It would be even worse on a federal level." Why he tried to draw a distinction between the two is beyond me.
 
#20
#20
When keeping it real goes wrong. 5th Circuit Appeals gives DOJ a homework assignment based on POTUS comments

Appeals court fires back at Obama's comments on health care case - Crossroads - CBS News

In the hearing, Judge Smith says the president's comments suggesting courts lack power to set aside federal laws "have troubled a number of people" and that the suggestion "is not a small matter."

The bottom line from Smith: A three-page letter with specifics. He asked DOJ to discuss "judicial review, as it relates to the specific statements of the president, in regard to Obamacare and to the authority of the federal courts to review that legislation."

"I would like to have from you by noon on Thursday -- that's about 48 hours from now -- a letter stating what is the position of the Attorney General and the Department of Justice, in regard to the recent statements by the president," Smith said. "What is the authority is of the federal courts in this regard in terms of judicial review?"
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#21
#21
Classic backpedalling by Obama today. He must hate it in the rare instances he gets called out.
 
#23
#23
Wgat 170 plus laws struck down by the sc............

I cant believe a d leaque bench player is pres
 
#24
#24
The most underreported and ridiculous element to this entire ordeal is the real number of uninsured. It has gone from 30-50 million to under 15 million (or less than half of what was originally given as justification for the bill). This is not a bill that was ever intended to help the poorest of the poor. They already have coverage. This was about moving the country to a single payor system.
 
#25
#25
so the # to cover is cut in half and the price doubled? Not even sure what to say anymore
 
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