The constitutional challenge to ObamaCare -- the president's "crown jewel" -- is beginning to take on the air of a constitutional crisis. Two days ago, President Obama threw a brush back pitch at the Supreme Court. Yesterday, a panel of the U.S. Court of Appeals for the Fifth Circuit ordered the government to answer the question of whether it accepts the concept of judicial review.
Judicial review is the legal vehicle by which the courts review laws and government action and decide whether those laws and actions are constitutional. Judicial review is almost as old as the Republic. It goes back to 1803 and the case of Marbury v. Madison, when the Supreme Court struck down a law on the grounds that it gave the Court more authority than permitted by the terms of the Constitution.
The blow-up between Obama and the courts is laden with irony. From Team Obama the message seems to be that Roe v. Wade is engraved in tablets, but Marbury v Madison and judicial review are just so much paper.
Obama is treating the Supreme Court like it was some Cook County, Illinois trial court.
Although the Supreme Court reads election returns, it has life tenure. Just like Obama, they are products of the Ivy League. They "get" the president and they may not like what they are hearing.
The Democrats and their minions are screaming "Gore v. Bush"! A reversal of ObamaCare is anything but.
Rightly or wrongly, in Gore v. Bush, the Court ignored the popular vote and effectively handed the election to George W. Bush.
Here, Obama and a Democratic majority flipped the bird to public opinion and rammed health care into law.
Arrogance comes with the price of authority and legitimacy lost.
Two days ago, Obama was preening that he believes in American Exceptionalism because he was elected president. Obama is still channeling Paris Hilton, long after Paris has stopped. Paris grew up.
Obama's war on the Court is not new. Andrew Jackson and FDR made the Court a punching bag. George Wallace and Newt Gingrich vowed to defy it. At the State of the Union Address, Obama called the Court out over the Citizens United decision. Obama is playing a dangerous game.
Democrats are already taunting the Court for dissing Congress.
Striking down ObamaCare would not be blasphemy. The reality is that America's first constitutional law professor president may have read the Constitution wrong and We the People are paying for his mistake.
Attorney Lloyd Green was the opposition research counsel to the Bush '88 campaign, and served in the Department of Justice between 1990 and 1992.
Attorney Lloyd Green was the opposition research counsel to the George H.W. Bush campaign in 1988, and served in the Department of Justice between 1990 and 1992.