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The Case of the Supreme Court vs. The Chicago Way

by Keith Koffler on April 5, 2012, 9:44 am

The president who promised to unite us is in full attack mode, EIGHT MONTHS before Election Day. Republicans are not just wrong, Obama suggested Tuesday, they make Ronald Reagan look like Keith Olbermann. They’re un-American. They want to kill grandma AND euthanize her cats.

It’s unhealthy in a democracy for a president to be engaged in this kind of contempt for another branch of government. But on the matter of separation of powers, Obama’s effort Monday to lay the groundwork for a political campaign against the Supreme Court is a dangerous doubling down.

Here, you may remember, is what Obama said:

Ultimately, 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.  And I’d just remind conservative commentators that for years what we’ve 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’m pretty confident that this Court will recognize that and not take that step.

The Supreme Court was designed to be independent. That’s why its justices are appointed for life. But Obama’s remarks are a clear warning that if the Court’s members take the “unprecedented, extraordinary step” of overturning Obamacare, they will be fair game for the Obama attack machine, just like the House Republicans who took the unprecedented, extraordinary step of producing a budget Obama doesn’t like.

As Joseph Curl notes today in the Washington Times, Obama’s operatives have calculated that he will suffer serious political damage if the Court throws out his prized law.

Average Americans will have the impression, Curl writes, that the president ignored the Constitution as he seized new domains for the federal government.

The most divisive president in history is setting up yet another straw man for his re-election campaign, one that fits directly into his strategy to divide and conquer.

The campaign geniuses, the same ones who came up with the idea to run against the much-despised Congress (even though Democrats control the Senate), have decided that deriding the Supreme Court as an arm of the Republican Party is a winning plan, one that will resonate across the country come November . . .

And so Obama will have to undermine the Court itself. The Court, he will argue, must be getting its orders from the RNC.

White House Press Secretary Jay Carney said Wednesday that the president had made “an unremarkable observation” about the Court. I believe Carney thinks this. Only in the Obama White House, where attack and vitriol carry the day every day, could an attempt to begin painting the Supreme Court as a surly pack of extremists seem “unremarkable.”

And the justices deserve it, of course. After all, the Supreme Court may be standing in the way of truly enlightened governing.

Curl says the strategy will backfire.

But here, the big brains are horribly mistaken: Mr. Obama maligns the high court at his peril. Americans, especially those in what dual-coast lefties derisively dub “flyover country,” like their Supreme Court. They aren’t about to let a president — any president — bully what many see as the cornerstone of the checks-and-balances system set up by the Founders.

I agree. This is a bridge too far into uncharted territory where, if Obama decides to take up residence, he will find things very inhospitable.

And it may backfire somewhere else: at the Supreme Court.

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OneOpinion April 5, 2012 at 10:11 am

The seemingly “veiled” threat of “unelected persons” makes one wonder if O really is aware of how the SCOTUS works. The Supremes are there for life — if they choose to retire they may, otherwise they can hold their seat until their death. That far exceeds any presidential term. Anyone seeking the seat of a Supreme Court Justice is well aware that although they may be grateful for the appointing by an incumbent president, they are ultimately responsible to American citizens. Does O think Sotomayor is pleased with the calls for the lynching of a Latino in Miami? Does he think the SCOTUS do not recall the insulting remarks he made about them to their faces in his SOU? The way it appears now, the ONLY defender of the Constitution and the only barrier preventing a complete takeover by this administration is the SCOTUS.

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Lizzy April 5, 2012 at 10:33 am

I wonder if the very worst happened and Obama got elected again and
continued down the path to dismantling the Constitution and America as
we know it would his two hand picked liberals do his bidding? Or are they deep inside defenders of the Constitution the job they were sworn to do? We all know how seriously he took the oath of office. SCOTUS
may be our last hope including his hand picked ones. Something to
ponder.

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DeniseVB April 5, 2012 at 10:33 am

The court appointees have to be approved by a body of “elected officials” , so Obama’s lame comment was either a gaffe( by the smartest man in the world), or intentional to throw more red meat at his already rabid supporters.

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Mike C April 5, 2012 at 10:59 am

He hates the constitution and therefore Scotus, since it came from the constitution.
To him it is a rag dreamed up by a bunch of white supremecists, (some slaveholders even) who did not even consult with anyone else but each other. (Why do I think they were genius?)
I guess they should have had a few slaves in the discussions to get their input, kinda like he takes input from anyone who disagrees with his royal majesty.

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ArnoldLayne April 5, 2012 at 11:44 am

Keep your friends close but your enemies closer. Thus Obummer studied the Constitution.

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CAR April 5, 2012 at 10:14 am

He is pandering to the ignorant, who he is encouraging to vote for him.

To OneOpinion, I assume he gets it but doesn’t care. His ideology trumps the Constitution. (Hmmmm. I recall he took an oath to “preserve, protect and defend” that same Constitution.)

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sportinlife10 April 5, 2012 at 10:19 am

If you recall, the o’s taking of “the oath” had to be redone privately. This administration lends itself to cynicism and suspicion on its best days.

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Lizzy April 5, 2012 at 10:35 am

He was acting he doesn’t believe in the Constitution as he is so much
smarter and will just do what he wants we’ve already heard him say
he would very scary.

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jaytrain April 5, 2012 at 11:26 am

Absolutely! Any high school junior knows ,or used to know ,MvM . But not any more and Obama’s base is just this sort . Add that to the 40% of his base who pay no taxes / receive EITC $ and you get nothing more or less than Rome’s plebs : Bread and Circuses . But a word of caution , the history of demagogues is ultimately not a happy one , from the Gracchi to Mussolini , they tend to end badly .

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Girly1 April 5, 2012 at 10:14 am

Excellent post, Keith! We are really, really beginning to see the ugly side of BHO now – the petty, vindictive, hateful un-American side, He even mocked Romney for his use of the word ‘marvelous’ in reference to Ryan’s budget! How petty does it get?

Sadly, I see no other way to throw this vile, vicious quisling out of office short of impeachment! Romney is almost comatose – no chance of getting the job done. The Republican ‘leadership’ is non-existent. Boehner is the ‘biggest loser’ of all time. The Republican party is on life support, Outside of impeachment, the only alternative is a brokered convention. Christie needs to come to the aid of his party…NOW – not 2016. There will be no Party left in 2016.

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Mike C April 5, 2012 at 10:56 am

Girly1, at least I had a good laugh last night when Fox news showed 3 (or maybe 4) times when Obama himself said the word marvelous. My laughter came when I think the last example was the Moochie is doing a marvelous job as first lady. (no caps for that title at this time.)

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Star April 5, 2012 at 12:13 pm

Yeah–keep bashing the Republicans–that should really help. Eyeroll.

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Mindiddy April 5, 2012 at 7:30 pm

I’m with you Star. United we stand – divided we fall, and division is what the Democrats are hoping for.

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rick golding April 5, 2012 at 10:23 am

I firmly believe that this threat made by Obama toward the SCOTUS, is a direct result of someone like Kegan leaking to the Pres. in which direction the court was ultimately going. I sure wish it would come out that she did in fact tell him.

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DeniseVB April 5, 2012 at 10:35 am

I’ve seen rumors of a leak on other sites, but I think it’s just in his personality to bully if he’s not getting his way :)

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William April 5, 2012 at 10:32 am

Last time, he waited until the Court had issued a ruling he didn’t like before calling them out in the State of the Union. Now, he’s going after them preemptively. Now their mere questioning is one of his thought-crimes.

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The Original April 5, 2012 at 10:34 am

We now get to see how ignorant the electorate is.

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Lizzy April 5, 2012 at 10:40 am

Well look at his ardent supporters and you can guess. The worst is the fact he has the media well bought and paid for and the way he treats
the WH and you can tell add Hollywood and we have not a brain cell
among them.

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Just2old April 5, 2012 at 10:47 am

Great article Keith. I agree that this won’t fly in fly-over country. When I heard his remarks on Monday I thought “this guy is intentionally trying to lose the election”. His ignorance of SCOTUS amazed me. I think he really stepped in it this time and he’s stuck in the mud unable to back-track. He looked more of a fool on Tuesday….and Carney? Don’t get me started on that un-useful idiot.

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Susan April 5, 2012 at 11:14 am

Wonder how Holder is coming along with his homework assignment from Judge Jerry Smith? Maybe that 3-page single spaced report will give us a better idea of how Obama views the concept of judicial review. Can hardly wait to see how many Critical Race Theory buzzwords they use.

This attack on judges will backfire on the wannabe dictator big time. Personally, I don’t think the judicial branch of our constitutional republic will be as supine to this tyrant as the legislative branch under the leadership of Boehner and his crew has been.

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OneOpinion April 5, 2012 at 11:40 am

The press makes much about O’s days as a teacher of the Constitution. The link below gives us insight into the reason O does not seem to be aware of much of the Constitution.

http://www.breitbart.com/Big-Government/2012/04/04/Former-Obama-Student-Obamas-Ignorance-of-Constitution-Embarrassing

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MT for re-redistribution April 5, 2012 at 11:42 am

You people all give the big o too much credit. His statements were simply motivated by his jealousy that they don’t have to campaign, and don’t have a two-term limit. And he wants “Supreme” in his title somewhere.

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blondie April 5, 2012 at 11:43 am

Is it me,or does it feel like this administration is unraveling a bit? They seem to have lost control or something.As Karl Rove said,the President seems like he’s at the end of a long campaign that he knows he is going to lose so he just spews stupid hateful things,as opposed to a positive message that normally begins a campaign.
I love when the media calls out Carney,he sounds like a fool trying to avoid answering the question.

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Steve Landesberg April 5, 2012 at 11:47 am

I’m so glad you’ve been on this story.
This is crazy – and he knows it.
What they are setting up are a few impeachments.
If they demonize and misinform enough now, retain the White House, carry enough congressional seats in both Houses (the Senate is looking pretty Blue) you will see fierce impeachment campaigns against Scalia and Thomas next year.
Some Liberal Twit at the Daily Beast is already spreading the word; getting that Buzz going.
And of course, who gets to nominate their replacements?

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Star April 5, 2012 at 12:10 pm

First it was not a “strong majority.” It was the Dems and a trick on the Senate side. That aside, this is a co-equal branch of govt–they get the last word…how did he get to be a Constitutional law lecturer (not a professor) using the Cliff Notes? This never ceases to amaze me.

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Star April 5, 2012 at 12:17 pm

Also I liked how Romney immediately hopped on Obama’s trying to frame the issues with straw men arguments. I fret about those stupid Men of Straw all the time!

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Just2old April 5, 2012 at 12:50 pm

Hey, don’t knock Cliff’s notes! Working full time they assistged me getting my degree….lol

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Just2old April 5, 2012 at 1:50 pm

assisted = guess it wan’t in English

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Star April 5, 2012 at 3:26 pm

If we’re getting technical, the Cliff Notes did not work full-time…but I am sorry for crinking them…. It’s just that in a president…well…maybe more is needed.

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Steve Landesberg April 5, 2012 at 2:38 pm

The REAL majority they want goes something like 6-3 or 7-2…on everything…permanently

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Steve Landesberg April 5, 2012 at 1:14 pm

The Cliff’s Notes were used for the Easter Speech, I’m sure.
Is he even going to do a Passover thing?
Maybe a Hametz-Easter Egg Hunt to just knock ‘em both out…

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Steve Landesberg April 5, 2012 at 1:16 pm

“Hey, whaddya find in your Easter Egg, Billy?”

“Ummm…some wadded up Wonder Bread?”

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Susan April 5, 2012 at 2:04 pm

That Wonder Bread better be whole wheat or Michelle’s goons at the Fat Squad will cart Billy’s Mommy off to re-education camp.

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Steve Landesberg April 5, 2012 at 2:41 pm

True, true…and NO FUN!!

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Jojo April 5, 2012 at 1:25 pm

I hate to admit it, but, I actually have one friend that is a die hard Obama supporter. He is already off and running with the partisanship of the SCOTUS argument. He is mostly a pretty smart guy and yet, doesn’t see (or doesn’t want to see) how unconsitutional this is. That the President and his supporters can try to say the only reason this horrible mess would be struck down is because they are on the side of the Republicans, just makes me sick. Our Divider in Chief is doing what he does best…

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Star April 5, 2012 at 1:45 pm

You have only one friend like this? I have many! I stay away from discussing…Now, they all read Gamer Change and think it’s the bomb. Some days I wonder why I even get up. Also, O’Reilly pointed out that the Ass Press guy who introduced Obama was reading their talking pts as an introduction…This game is so rigged.

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Steve Landesberg April 5, 2012 at 2:02 pm

I used to have so many Liberal friends – educated, professional people…now, I can’t even talk to most of them because they instantly attack anything contrary to the Fairy Tale
It has to be in the Kool Aid

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Star April 5, 2012 at 3:20 pm

Grape is the worst…

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Car in April 5, 2012 at 2:03 pm

I really thing is a residual effect of Bush Derangement Syndrome. The left became so crazed … so driven by emotion.

My cousin’s husband appears to be an intelligent person, but a rabid liberal. Yesterday, in response to attacks on Obama’s speech – his only response was, basically, that Bush was a liar.

@@.

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Steve Landesberg April 5, 2012 at 2:40 pm

Dr. Krauthammer was right.
It is like a psychosis or delusional fugue

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Star April 5, 2012 at 3:22 pm

I despised Bush–but these people cannot fathom holding two thoughts at once–disdain for Bush and for Obama.

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Steve Landesberg April 5, 2012 at 3:44 pm

I think Ochavez has reached a new threshold of flat-out-look-in-the-camera Presidential Lying

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Star April 5, 2012 at 5:36 pm

“I am not hving sex with that country.”

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Steve Landesberg April 5, 2012 at 8:04 pm

(chuckling)

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langley barfly April 5, 2012 at 3:08 pm

Barack Hussein Obama:

“they” say he went to ‘College & Law School’..?

Why has NO ONE ever seen his Records, Papers or Grades…?

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Steve Landesberg April 5, 2012 at 3:59 pm

Apparently there are copies of articles galore but the most critical thing is this: the American People don’t have faith in the data anymore. In this second decade of the 21st Century, both sides on every position issue forth streams of numbers supporting their theories and policies, pretty much any document can be forged to fool the Layman and just about any image can be produced (Do I know if his Birth Certificate is real? Hell if I know? Good God, I hope so)
The point is Americans believe the data – from whatever source – is corrupted and therefore they become immune to shocking things.
There is also a ‘Normalcy Bias’ at work; they cannot get their heads around the concept that Life in America could be drastically different in a few years for a whole sackfull of reasons.
Speaking of data, ‘langley barfly’ is a very image-inducing handle. Kind of like ‘bolling crapweasel’, I suppose
Well played, Sir/Ma’am.
(bowing grandiosely)

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Steve Landesberg April 5, 2012 at 4:34 pm

(I was being insulting; I figured you’d get the inside-joke)

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langley barfly April 5, 2012 at 5:15 pm

…I had to fill out DOZENS of pages of “security clearance” forms (re: multiple copies of my high school, college & work records…)

YET… Barack Hussein Obama has NEVER gone thru a full US Govt. “background check” (SF-86)

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Steve Landesberg April 5, 2012 at 8:08 pm

Eaaasy now
We both know he’d never have gotten past the checkpoint much less a TS/SCI before giving that keynote speech in ’04.
Too many surety issues

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Steve Landesberg April 5, 2012 at 8:17 pm

Ummm…I meant to say I ‘wasn’t’ being insulting.
Crap. I’m sorry, langley.
That does come across as insulting as Hell to my brother across the river but it was more of a wink between Community Guys

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Star April 5, 2012 at 5:38 pm

We are so used to Langley, we don’t even worship his irony anymore. He does have an Aston-Martin.

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Steve Landesberg April 5, 2012 at 8:12 pm

(I have a crappy Hyundai – that heals itself)

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lcsouthern April 5, 2012 at 8:08 pm

I think he lost “flyover” votes this time. He just went to far and he can’t take it back.

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Steve Landesberg April 5, 2012 at 10:04 pm

Y’know Keith,
You might have gone with “The Supreme Court v. The Chicago Seven”
Seems more apropos

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