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Originally Posted by Jim in CT
Spence, Obama said it would be "unprecedented" for the Court to overturn a law passed by the legislature. "Unprecedented". The man taught constitutional law, and he doesn't think the court has ever, not once, overturned a law signed by congress?
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Obama's statement was in response to a question, not a prepared remark. That he left out some context is reasonable and when asked again he was more specific.
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Well, first of all, let me be very specific. We have not seen a Court overturn a law that was passed by Congress on a economic issue, like health care, that I think most people would clearly consider commerce — a law like that has not been overturned at least since Lochner. Right? So we’re going back to the ’30s, pre New Deal.
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I think Obama's assertion that the bill was passed by a big majority was certainly a stretch, but his comment that the SCOTUS hasn't mucked with economic policy in the modern era does appear to be accurate from what I've read.
This blabbering on that Obama doesn't know what the Supreme Court does is pretty absurd.
-spence