Some accuse Barack Obama of challenging Supreme Court authority in his comments on its ruling on his healthcare law

Though President Obama says he is confident the Supreme Court will rule in favor of his healthcare law the Patient Protection and Affordable Care Act, that hasn’t stopped him from hurling criticisms at even the threat thatthe court would strike downsome or all of the controversial legislation. Monday, from the Rose Garden, Obama said,

I would 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. Well, this is a good example and I am pretty confident that this court will recognize that and not take that step.

He continued Tuesday in slightly more nuanced language, saying, “We have not seen a court overturn a law that was passed by Congress on a economic issue, like healthcare, that I think most people would clearly consider commerce–a law like that has not been overturned at least since Lochner.” (According to the Huffington Post, invoking Lochner v. New Yorkis the “legalese equivalent of brandishing a cross before a vampire.”) Obama also acknowledged that the “Supreme Court is the final say on our Constitution and our laws and all of us have to respect it,”

Continue reading →