President Barack Obama does not like the U.S. Supreme Court.
Ok, that's an overstatement. This one is closer to the truth: President Barack Obama does not like the U.S. Supreme Court as led by Chief Justice of the United States John Roberts.
Remember a couple of years ago during his State of the Union address when he wagged a rhetorical finger in the face of the Justices sitting about 20 feet from him because he didn't like their ruling in the Citizens United case which has had the effect of establishing Super PACs?
This week, the President demonstrated his continuing distain for that pesky Article III branch, the Federal Judiciary, by issuing a thinly veiled warning to the Supreme Court not to tinker with Obamacare by declaring all, or parts of it, Unconstitutional.
According to Reuters, the President said:
"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."
The Justices are unelected, but they are not self-appointed. Anyone who has suffered through watching a Supreme Court nominating process can see, even if the President does not, that the Congress understands the importance of granting someone the vast power inherent in a lifetime appointment to a court of only nine Members.
We can only wonder what Obama, had he been President in 1954, would have thought about the famous Supreme Court decision Brown v. Board of Education which struck down the concept of states being allowed segregated public schools under the doctrine of "separate but equal."
That case reversed an earlier case (1896), Plessy v. Ferguson in which the Court ruled states DID have the right to allow, and even promote, segregated facilities based solely upon race.
Obama has previously demonstrated a distain for the Legislative Branch - even when he was a member of it. If it were not for Joe Biden running up to The Hill to smooth Democrats' feathers ruffled by Obama's taking them for granted or, worse yet, demanding they do his bidding, it is likely that the two parties in Congress would united in the face of a common opponent: Barack Obama.
Prof. Jonathon Turley suggested in a USA Today column that Obama's having made three "recess appointments" during what was, in essence, a long weekend, was "an abuse of power."
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