Two months ago, Barack Obama decided he could intimidate the United States Supreme Court into finding his namesake healthcare plan Constitutional. Overturning the Affordable Care Act “…would amount to an unprecedented, extraordinary step of judicial activism” said the President at a rare White House news conference, adding “…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.”
Though someone with the hyper-arrogant mentality of the Manchurian Candidate doesn’t really need a reason to direct this sort of psycho-babble at a presumptive enemy, Obama was probably responding to information provided by far left Justice Elena Kagan that the Court’s closed-door, preliminary vote on ObamaCare had not gone very well. Each Friday, the 9 justices gather for an initial vote on the cases heard during the week. And although these weekly conferences are to be strictly confidential, it’s a safe bet that Obama’s Court stoolie was on the phone with the White House minutes after its conclusion.
However, as this preemptive strike on the court was met with a nationwide flurry of criticism even from a number of his media supporters, Obama made no further reference to the prospective ruling.
But on Monday, a new county was heard from. Dedicated leftist Senator Patrick Leahy directed a 2000 word dissertation at the Court from the Senate floor, selecting as his principle target Chief Justice John Roberts. “The constitutional challenge to the Affordable Care Act is the current instance in which narrow ideology and partisanship are pressuring the Supreme Court to intervene where it should not,” claimed Leahy, making clear his view that the Court has no business interfering with a Congressional assault on the Constitution. The senator advanced the 2000 Bush/Gore decision as an example of the sort of “judicial activism” that “shook the confidence of the American people in the Supreme Court.” He ridiculed conservative justices for their tough questioning of principle ObamaCare advocate Solicitor General Donald Verilli during oral arguments, stating “their action will not help restore American’s confidence in the Court to fairly apply the law.”
And he alternately praised and threatened the Chief Justice, literally claiming that if Roberts joined other conservatives in a 5-4 decision against ObamaCare it would “…undoubtedly further erode the reputation and legitimacy of the Supreme Court.”
But what prompted Leahy’s sudden decision to lecture the Supreme Court as to its proper role in government? Was it a last ditch effort to intimidate justices into finding ObamaCare constitutional? Or has Kagan perhaps advised Democrats that Roberts is “wavering” a bit, leading Leahy to believe his misguided, nonsensical claims might persuade the Chief Justice to decide in favor of passage?
Since its enactment in 2010, liberals have believed the Affordable Care Act to be a sure thing to pass Constitutional muster. They were stunned when Justices took offense at the law’s contempt for individual liberty during oral arguments. After all, how could forcing Americans to purchase something they don’t want be unconstitutional if it’s for their own good!
If 5 Justices rule the ObamaCare individual mandate unconstitutional, the American people will hear a wailing and gnashing of teeth unequaled since the pro-Gore efforts of the Florida Supreme Court were undone after the 2000 election. We will be in for some very entertaining days.
The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by WesternJournalism.com.