Obama made his comments during a conference with Canadian Prime Minister Stephen Harper and Mexican President Felipe Calderon.“Ultimately, I am 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,” Obama said.
Obama then criticized the Constitution. “I’d 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,” he said. “Well, this is a good example, and I’m pretty confident that this court will recognize that and not take that step.”
Supreme Court judges are not elected, a fact Obama would presumably know as a constitutional scholar (or alleged scholar).
Article II, Section 2 of the Constitution states the executive “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States.”
The Supreme Court will render a final decision on Obamacare in June as the election cycle heads into respective Republican and Democrat conventions.
If the court strikes down Obamacare, it appears Obama is prepared to wage an ideological war against the Supreme Court. He may go so far as to argue that the Constitution is outdated precisely because it calls for “an unelected group of people” to make judicial decisions.
Doing so would align Obama with a number of globalists who have recently argued that the Constitution is antiquated and should be replaced with a modern equivalent.