Home > obama > Our little dictator lobs one over the bow of the Supreme Court. **UPDATE: Now with proof of my genius from the Fifth Circuit**

Our little dictator lobs one over the bow of the Supreme Court. **UPDATE: Now with proof of my genius from the Fifth Circuit**

Lest you forget, oral arguments concerning Obamacare were had last week in the Supreme Court.  At stake: the individual mandate, and potentially the whole friggin’ law.  Despite the assertions of the legal geniuses residing in their ivory tower law schools, the Supremes didn’t seem convinced that forcing every American to purchase a product constituted “regulation of economic activity.”  In fact, at least five, and possibly six, of the Justices seemed skeptical about whether inactivity was the type of activity that could be regulated.  After the hearings were completed, everyone proceeded to overreact.

The most over-the-top, and predictable, overreaction came from the president yesterday.  In a speech delivered with the heads of Mexico and Canada(?), Barry proceeded to threaten the Supreme Court, just in case they were stupid enough to go against the family.

‘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,’ Obama said.

I’m not sure overturning a law passed by Congress is unprecedented.  The last time I looked, the Constitution considers the Supreme Court to be  equal to Congress.  Moreover, the job of the Court has, for a few centuries, been to review legislation passed by Congress for its constitutionality.  In fact, the Supreme Court has overturned laws passed by Congress before.  Thus, doing so here would not be “unprecedented.”  Also, being that the Democrats had to bribe some of their own members in the Senate to get the thing passed in the first place, I’d hardly call Obamacare legislation “passed by a strong majority of a democratically elected Congress” (not that the number of “yes” votes matters to a law’s constitutionality).

Obama noted that for years, conservatives had been arguing that the ‘unelected’ Supreme Court should not adopt an activist approach by making rather than interpreting law, and held up the health legislation as an example.

I agree.  Activist judges suck.  But overturning Obamacare because the mandate is an unprecedented overreach of the federal government wouldn’t constitute “activism.”  In other words, deciding that forcing an American citizen to buy something doesn’t constitute “regulating interstate commerce” isn’t exactly crazy.  In fact, as I eluded to earlier, the only way the mandate could be upheld is if the Court decides “regulate” and “activity” actually mean the exact opposite.  Don’t get me wrong…it wouldn’t shock me if the Court performed such a manipulation of the English language, but its choosing not to do so certainly wouldn’t constitute radical activism.

‘I think it’s important…to remind people that this is not an abstract argument,’ Obama said.

‘The law that’s already in place has already given 2.5 million young people health care that wouldn’t otherwise have it.

‘There are tens of thousands of adults with preexisting conditions who have health care right now because of this law.’

In a courtroom, the foregoing is what’s called “irrelevant.”  I’m sure my life would be much more enjoyable if Congress passed a law requiring me to buy a helicopter, and then provided me the money if I couldn’t afford it; but the satisfaction of laughing at the losers stuck in traffic while I sip champagne in my underwear doesn’t make it constitutional.

It should be noted that Barry’s rant against the Supreme Court is just another example of his dictatorial dreams.  Who can forget the fits he still throws when Congress doesn’t give him what he wants?  And just as he has done in response to Congress’s alleged “failure to act,” (giving unelected agencies like the EPA and FDA truly unprecedented power, for example), I’m predicting Barry tries to do something extreme if the Court overturns Obamacare.  Packing the Courts, a la FDR?  Something else?  We’ll have to wait and see.


The Fifth Circuit today, while hearing a separate challenge to Obamacare, revealed that it reads this very blog as part of its preparation for important oral arguments.

Overturning a law of course would not be unprecedented — since the Supreme Court since 1803 has asserted the power to strike down laws it interprets as unconstitutional. The three-judge appellate court appears to be asking the administration to admit that basic premise — despite the president’s remarks that implied the contrary. The panel ordered the Justice Department to submit a three-page, single-spaced letter by noon Thursday addressing whether the Executive Branch believes courts have such power, the lawyer said.

Obviously a Fifth Circuit judge isn’t going to go on the record saying he or she relies upon a blog to provide pertinent legal background, but it’s obvious, right?  Didn’t I already point out that the Supreme Court has stricken unconstitutional legislation before?  Who else can provide this kind of legal research?  The president himself isn’t even aware, and he used to be a law professor!

Obvious questions remain: Will the Justice Department respond?  Will Eric Holder find the time between running guns to Mexico and racially profiling nuns (I made up the latter)?  Will Barry write the letter himself, in purple crayon (the most diverse color)?  WILL THIS BLOG FINALLY GET THE CREDIT IT DESERVES?

  1. me
    April 3, 2012 at 7:44 PM

    [Mafioso type accent] Thassa mighty nice Court youse got there. Be an awful shame if something wuz ta happen to it. Just saying……..

  2. Questionman
    April 3, 2012 at 8:06 PM

    Why do the racist right think they are experts on American History? They aren’t just because they rant about the Constitution, doesn’t mean they understand the laws obviously. Like take “Obamacare” for example. The racist right have forgotten that at least 3-5 judges have deemed it Constitutional, but not a peep from history-challenged losers like Sean Insanity.

    What makes they think that because he is not the president you want, he is failing. Haven’t they ever heard that one mans meat is another mans poison. With the hate the cons have for him, don’t they think that they would be biased as hell? Lies have to have creditably to be believed, a concept that a con finds completely incomprehensible. The cons with their continuous he’s a failure s–t are really starting to sound stupid. Their problem is that Obama fails to be a white con, and that is a failure only in their deluded mind.

    Yet they have REFUSED to hear any of these eligibilty cases. It would only take four for the case to be heard. Why because in their mind there is NO CONTROVERSY. Their definition of a natural born citizen is anyone born in the United States is a NBC period regardless of the citizenship of the parents unless the parent are foreign diplomats. You can all beleive what you want but unless the US Supreme Courts changes its position you are just spitting into the wind.

    You can all howl at the moon all you want the U.S. Supreme Court will never rule the president ineligible and NO STATE IN THE US WILL TAKE HIM OFF THE 2012 BALLOT. If you want him out you will have to vote for Romney and possibly Sen. Rubio.

    so tell me again, how does reducing taxes, balance the budget? Cause then revenue is even less for the government. Ryans plan adds even more to the deficit than obama… Ryan adds 3 trillion.

    Obama does not meet the rigid definition of ‘communist’ that you are using. Communist carries a negative connotation in America since the red scare.
    No, he’s not a true communist, Then, if by chance, Romney gets elected, they’ll see in 3 years how his policies are virtually the same as Obama’s, because Romney is at heart a moderate and so is Obama (all these fools who call him an extreme liberal, socialist, Marxist, etc. are shills for the extreme right- the Socialist Party of America has plenty to say about how Obama is definitely not a Socialist- they’re as unhappy with him as the Ex-Conservs are).

    By any reasonable and intelligent measure, his predecessor (George Bush) who took us to war with failed intelligence, destroyed the economy and sanctioned torture was MUCH more divisive. Not Obama.

    Barack Obama is NOT a Muslim! He IS a Christian. A REAL Christian follows the Ten Commandments. One should rule is “Love Thy neighbor” and Obama has followed that rule to a T.

    The idea that Barack Obama hates America is partly because he’s a Democrat, and partly because he’s black, and because the patriotism of African-Americans has long been doubted by some on the right. And it’s still is, when in fact it;s the other way around!

    what is wrong with America is that a These haters would call the commander in chief a “domestic enemy” on a social network site. Is that Patritoic? to call the commander in chief a domestic enemy? No. it is out of line and insubordinate.These people are really sick, it’s gotten worse. Seek help.

    The right-wing’s hate mongering of President Obama’s religion, race and political philosophy has grown to a fever pitch, and is now evidenced in a series of racist righty website such as this (Not MY website).

    Obama is not just the closest we’ve come to a power grabbing dictator
    and The Republicans who STILL blame Bill Clinton and Jimmy Carter for everything under the sun somehow think a President who went into two wars while cutting taxes, one that was a complete disaster (Iraq), who’s Presidency ended with the worst economic disaster since the depression, should be off limits??? You tea baggers really think that? Forget 2012, we will be screaming about Bush for DECADES.
    NO AMERICAN GROUP has slammed the President of the United States with as many lies and traitorous hate propaganda as the Rightwing Republicans before President Obama came to office.

    Before anyone cries “Bush” Leftwing attacked Bush so its ok for Frightwingers to attack Obama – let me remind them that the Leftwing attacked Bush with FACTS opposed to the Frightwingers who are attacking President Obama with madeup, traitorous hate propaganda that has divided this country.

    They have proven me right, again. They are NOT Patriots, They are Racists that hates having black people in the White House. That is a fact!

  3. April 3, 2012 at 10:30 PM

    I stopped paying attention once I ran into “racist.” I don’t have a problem with the man’s color; I have a problem with the man’s policies. The humorous thing about your response is that Barry’s presidency has been such an unmitigated disaster, all you have to fall back on are cries of racism. Yeah, that’s it. The stimulus was a failure because he’s black. You’re a genius. I actually considered responding to the entirety of your incoherent, welfare-induced rambling, but then I determined that doing so would require my huffing a significant amount of paint thinner, and it’s only Tuesday.

  1. April 15, 2012 at 7:52 PM

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