Recently the President challenged the authority of the United States Supreme Court to overturn his health care law. He said the Court would be taking “an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.”
News Flash to the White House. Since 1803 and Marbury v Madison, the US Supreme Court has been exercising judicial review over the acts of the legislative branch at the Federal level and then eventually the state level. Further update: The Obamacare legislation was passed by a wholly partisan one-vote majority in the Senate and since that time a number of states have passed Constitutional Amendments declaring their refusal to participate in the plan’s mandates. Also, the suit against Obamacare was brought by 26 states who are actual partners with the federal government in the provision of health care payments in Medicaid. So what’s the Court to do with all those “democratically elected” people?
In Roe v. Wade (1973) the US Supreme Court overruled the laws in all 50 states regarding abortion. The Court did not establish a federal statute as having precedent over a state law. Congress never passed a universal federal statute on abortion. The Court INVENTED both the right to abortion (allegedly found in the 14th Amendment) and the exact parameters on how abortions could be conducted legally in all 50 states. In essence the USSC wrote the law for all 50 states in Roe and subsequent pro-abortion decisions.
Of course, those of us who believe that the original language and clear meaning of the Constitution should be honored have rallied against judicial activism for a lifetime. The President and his team have ALWAYS been defenders of Roe and the activist Court. If the President is ready to take on judicial activism, then perhaps he should begin with challenging the Court to reconsider the penultimate case of judicial activism in Roe.
After that we suggest he urge the Court to revisit their activist decision overturning Congressional term limits legally passed in 14 states. It would be great to have the President’s help on that one.