The Obama Health Care Court comments made against the justices are sparking further action against him this week, and he might want to review that approach to getting what he wants.
On Wednesday, Fox News reported that a three-judge panel for the 5th Circuit of Appeals not only "ordered the Justice Department" to explain why a sitting president would comment like he did about the justices; they also issued a deadline date of Thursday.
The 5th Circuit of Appeals court was in the process of having to hear yet another legal challenge to ObamaCare when one of the three judges, Judge Jerry Smith, thought it might be wise to make sure that the Department of Justice Attorney in their midst wasn't as clueless about the Supreme Court's power to rule on the Health Care Law's constitutionality as her commander-in-chief was.
"Does the Department of Justice recognize that federal courts have the authority in appropriate circumstances to strike federal statutes because of one or more constitutional infirmities?" Justice Smith asked the DOJ attorney.
Fortunately, the DOJ attorney confirmed that "Yes," she understood their power very well, and so do most Americans who have sat in political science or government classes in public school systems and colleges around the country.
Judge Smith and other judges in the country hearing legal challenges to the new Health Care Law are right in their concerns if the president does not understand how the court system functions to the executive branch.
But it is more likely that the Harvard graduate isn't uninformed about the power of the Supreme Court at all; he's just upset that it is threatening his Health Care Law.
If President Obama had stopped with his first comments about the Health Care Law case than there would have been no political fire for him to put out this week, as he only said, "I'm confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress."
That just shows he is a bit arrogant or naÃ¯ve in his false assumption that: 1) the Supreme Court must always follow precedent, or 2) that the Court can't take steps to overturn laws that are unconstitutional, or 3) that "might makes right" to justices just because it works in Congress.
However, the man in the White House continued on with his Obama Health Care Court comments, going so far as to verbally put down the justices by belittling them for being "unelected" government officials. Talk about a sucker punch. That was truly an uncalled for comment.
It was as if Obama were saying that being elected to a job (like he was) somehow makes a person more qualified than just being hired or appointed to a job (like you, me or the justices). The Supreme Court justices are appointed to their positions on the Court after having long and distinguished legal careers, and Pres. Obama knows that.
That makes his comments truly petty, when you think about it. Almost like a child who doesn't get his way, so he kicks out at the kid who does.
Obama said he had an issue with "an unelected group of people [who] would somehow overturn a duly constituted and passed law [as the Health Care Law]."
But it sounds more like Obama has an issue with someone else getting to control what does and what does not stay in the Health Care Law that he championed through Congress.