President Obama, commenting on the judicial review being undertaken by the Supreme Court on his premier signature legislation, ObamaCare, challenged the court to uphold his law or be considered “activists” legislating from the bench. Said the President:
Ultimately, I’m 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. I guess I would remind conservative commentators that for years what we’ve heard is the biggest problem on the bench is judicial activism or a lack of judicial restraint. For an unelected group of people to somehow overturn a duly constituted and passed law is a good example of that, and I’m pretty sure this court will recognize that and not take that step.
This isn’t the first time the President has directed barbs at the Supreme Court. During his State of the Union address two years ago he looked down on the Justices seated below him and said their recent decision on Citizens United opened the “floodgates” to unlimited independent election spending.
This time the President’s use of the words “unprecedented,” “extraordinary” and “unelected”elicited howls of protest from observers such as Senator Orrin Hatch (R-Utah), who responded that “It would be nice living in a fantasy world where every law you like is constitutional and every Supreme Court decision you don’t like is ‘activist.’ ” Rep. Lamar Smith (R-Texas) joined in, saying he was “disappointed” by the President’s warning:
Click here to read the entire article and see Judge Andrew Napolitano on the Fox News commentary.