April 6, 2012
Washington, DC – President Obama was publicly scolded this week for warning the Supreme Court against overturning ObamaCare. The President said that it would be “unprecedented” and “extraordinary” for the Supreme Court to rule that a law was unconstitutional.
This statement called into question the President’s understanding of judicial review. Responding to President Obama’s statements, U.S. 5th Circuit Court of Appeals Judge Jerry Smith asked for a letter from Attorney General Eric Holder to reassure him that the Administration understood the authority of federal courts to strike acts of Congress. The President’s statement that a reversal of ObamaCare would demonstrate a “lack of judicial restraint” shows his clear confusion over the role of the Supreme Court and the judicial process.
Ironically, this Administration is blurring its role in regard to another law and doing exactly what the President warned the Court against. President Obama has instructed the Justice Department to stop defending another democratically enacted law, the Defense of Marriage Act (DOMA). This bipartisan act, signed into law by a Democratic President, has been labeled by President Obama as unconstitutional.
The clear discrepancies in the President’s case for ObamaCare and the Administration’s defiance of DOMA demonstrate the lengths this Administration is willing to go to in order to achieve its liberal agenda.
Mathew Staver, Founder and Chairman of Liberty Counsel, commented, “Our Constitution separates the branches of government. President Obama shirked his duty to defend the Defense of Marriage Act but seems to believe he has final authority on ObamaCare. The only thing ‘unprecedented’ about this situation is the President's misunderstanding of the Constitution.”