Originally Posted on June 29, 2012
(Keith Koffler) — Was Supreme Court John Roberts intimidated by President Obama and his allies into writing a startling, incomprehensible opinion that preserved Obama’s signature achievement as president?
Is it possible that the august corridors of the Supreme Court were trampled by Chicago-style political tactics, that the Constitution was shredded by the dog-eared playbook of bullying activist Saul Alinsky, the guiding light of Obama’s political operation?
There is no way to prove that Chief Justice John Roberts was intimidated into upholding Obamacare as constitutional, no way to conjure his thoughts. Even Roberts may not fully understand why he made the decision he did.
But there is evidence to suggest that the brewing outcry that the Court had become a political weapon run by a cabal of Republican legal hacks – the liberal Justices, who walk in lockstep, were under this theory clinging united to “principle” – weighed on Roberts, along with the likelihood that Obama would make this a theme of his reelection campaign.
Back on April 2, Obama helped ignite the recent focus by politicians and commentators on the “politicization” of the Supreme Court when he menaced:
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.
Remarks that could have been written by a Brooklyn Wise Guy: I’m confident you’ll do the right thing, see?
All of this was theater. There’s nothing “unprecedented” or “extraordinary” about the Supreme Court overturning a law, and Obamacare was not passed by a “strong majority.” What was extraordinary was the sight of a president, standing in the Rose Garden, leaning on the Supreme Court.
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