Obama gave us a preview today of the tactics he will use if the Supreme Court rules against ObamaCare.
In his first public comments about the case since the justices took it up last week, Mr. Obama appeared to be framing the political argument he would make should he have to face voters this fall after a loss at the high court.
“For years, what we’ve heard is the biggest problem on the bench was judicial activism or the lack of judicial restraint, that an unelected group of people would somehow overturn a duly constituted and passed law,” he said at a news conference. The health-care case is a good example of just that, he said. “And I’m pretty confident that this court will recognize that and not take that step.”
White House officials have said they were reluctant to appear to lobby the Supreme Court, which is partly why the president didn’t speak out on the case until after it was argued before the court last week.
Go here to read the rest in the Wall Street Journal. The internet is abuzz with rumors that Obama has been privy to a leak from someone connected with the Court that the vote last Friday by the Supreme Court went against him, and this is his reaction. I doubt it. There have been leaks before from the Court, and I do not discount the possibility, but to me this has more of a feel of Obama attempting to bully the Court into rendering a favorable verdict by threatening to make a campaign issue of an unelected Supreme Court. I suspect that if his remarks have any impact on the Court they will be counter-productive. Obama has previously sought to use the Court as a political prop and I doubt if any of the justices like it, especially a man like Anthony Kennedy who has, shall we say, an exalted view of the Court in the constitutional scheme of things. I can’t recall a president before attempting to threaten the Court to get a result that he wanted in a particular case, but this administration has done quite a few unprecedented things, almost all detrimental to the Republic.