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Obama's Supreme Court warning
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Was the president's attack a preview of what's to come if the health care law goes down?
- Duration 6:23
- Date Apr 7, 2012
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Was the president's attack a preview of what's to come if the health care law goes down?
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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.
They democratically elected congress.
Welcome to The Journal Editorial Report I'm -- -- those words set off a firestorm this week with many seeing president Obama's comments on the Supreme Court -- the warning.
To the justices that they will pay a political price if they strike down all or part of his signature health care law liberals claim that no less than the legitimacy.
Of the Supreme Court is at stake so was this a preview of their campaign strategy.
If obamacare is overturned let's ask Wall Street Journal columnist and deputy editor Dan and anger assistant editorial page editor James Freeman.
And editorial board member Dorsey -- -- -- -- it's so.
-- President Obama is known for choosing his words carefully doesn't speak.
Usually doesn't say what he doesn't mean so what was he trying to do -- trying to lobby the Supreme Court.
I agree he doesn't say what he doesn't mean his belief politician.
And I think what happened here is what we sometimes call a Freudian slip -- someone inadvertently says something they actually believe.
Yes he understands Marbury first Madison.
But Barack Obama be the case that -- said it's been in place judicial review doubt all right.
But Barack Obama is a belief politician.
And he believes he's a great charismatic national leader leading large masses of people.
He's that kind of leader and I think what he was saying here is that.
I have the democratically elected congress behind me I had this large mass of people and you have to be aware of that.
It was a catastrophe when he said -- I can't see that he was lobbying the court because the crack back even among liberals was overwhelming.
This was a statement of his belief about the court being subordinate to the legislature and his legislation.
But did you think James this could actually help with the Supreme Court maybe push amend the direction he wants them to go that's the mystery well.
Plausible only if he believes that justice Anthony Kennedy can be intimidated into.
I joining inside to a -- melodic as we kind of puzzle over what he meant by this I think one thing you can say for certain.
Is that this was someone who.
Looked at the oral arguments and decided his side had lost because it was not the sound of the winner saying well we'll let the court do its work and we had a nice exposition of the views.
But this this is this idea that he doesn't.
-- -- seems not to know that for more than 200 years the Supreme Court has been able to decide whether laws passed by congress and signed by the president or constitutional it's kind of amazing.
He was a constitutional law professor at University of Chicago.
President of the Harvard Law Review -- let's listen Jay Carney the White House spokesman defend the presidents of state.
In speaking on Monday.
The president was not clearly understood by some people because he is a law professor he's spoken -- the president believes.
Did the Supreme Court has a final word on matters of judicial review.
On the costs constitutionality of legislation.
He would.
Having -- Professor of law.
-- I think we persuaded.
Persuaded that they had this secondary form of demagoguery next to the president.
Festival the president in his speech but is credited by Jay Carney with.
Not being understood so whose fault is it it's the masses the rest of us the ignorance -- who didn't perceive.
The depth of this argument they put forward to us.
This kind in his head long and so much more normal that troubled history that in his and you can't blame this is what happens with this was the most extraordinary problem.
You had the words of the president unprecedented.
You can erase them from memory and take kindly explain this all okay.
But is is if the president goes in this direction let's say the court does overturn part or all over the law.
And if the president goes in this direction of making the Supreme Court a campaign issue.
Is that Smart politics cannot work.
No it can't but he's already done that you know he's in this -- -- -- -- but that he could back away from that he could he could accepted any decision and say well look this is the law.
We'll now move -- Isn't does not care about what he can and cannot do it will not be effective politically but he does have this feeling that he's.
Focused on the masses who he is and only -- the enemy is out there and you have to remember that.
There was a time when the president.
Was somebody mystical.
An -- -- -- Russia he could be anything we know very different man now the one who was declared war us against them.
Us against the evil empire and that confidence that's in him is going to carry him at all.
Thank you very much become an issue in the election the Supreme Court is almost inevitably an issue and every presidential election and let's not kid ourselves.
There is a division of belief among conservatives -- liberals over.
Over to the law in this country and it isn't always reflected in Supreme Court decisions put on this sort of thing it is.
And I would expect the president to indeed go out and in his way say give me the authority over the next four years to replace a couple of these conservatives and get a court more in line with the police to the American people we've been having that are.
-- for a long time and if obamacare goes down his base is going to be very demoralized because this is his central liberal achievement and if that is overturned even if it's in part.
There's going to be a lot of liberals were saying what else -- this.
The administration done for us and then they're gonna need to be fired up and what better way to fire them up than to say.
Let's make the Supreme Court an issue.
I think that's right but it is a little bit of a wildcard -- a pollster Scott -- Rasmussen visited us recently he said he thinks Obama would actually benefit from the law getting knocked down because it would take the air out of the opposition.
And and it would give him more freedom to talk about healthcare right now he's kind of bound to what they enacted.
I I tend to think if your signature achievement goes down independents aren't thinking you've done a fabulous job so probably negative.