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Obama eases rhetoric about Supreme Court on health care


By Tom Cohen, CNN
updated 3:49 PM EDT, Tue April 3, 2012

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Obama says health care law will stand

STORY HIGHLIGHTS
President Obama says the Supreme Court has the "final say" At the same time, Obama says legal precedent should mean a favorable ruling Conservatives blast Obama's Monday comment of possible "judical activism" by the high court A high court ruling is expected later this year before the November presidential election

Washington (CNN) -- President Barack Obama on Tuesday eased his rhetoric on the Supreme Court's upcoming ruling on health care reform but repeated his belief that the justices should follow legal precedent and uphold the law's constitutionality. His remarks in response to a question at a media luncheon followed criticism by conservatives that the president had leveled a political salvo at the high court a day earlier when commenting on last week's hearings on the 2010 Affordable Care and Prevention Act. On Monday, Obama said a Supreme Court ruling overturning the law passed by Congress would amount to the kind of "judicial activism" that conservative commentators oppose. The comment prompted Senate Republican leader Mitch McConnell, R-Kentucky, to complain that Obama had tried to influence the outcome of the case and demonstrated "a fundamental lack of respect for our system of checks and balances." On Tuesday, Obama appeared to choose his words more carefully. "The point I was making is that the Supreme Court is the final say on our Constitution and our laws and all of us have to respect it," he said. "But it's precisely because of that extraordinary power that the court has traditionally exercised significant restraint and deference to our duly-elected legislature, our Congress." Asked what would happen if the high court strikes down the health care law's individual mandate, which requires people to have health coverage or pay a fine, Obama said he believed the provision would be upheld. "I have enormous confidence that in looking at this law, not only is it constitutional, but that the court is going to exercise its jurisprudence

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4/4/2012 9:19 AM

Obama eases rhetoric about Supreme Court on health care - CNN.com

http://www.cnn.com/2012/04/03/politics/obama-health-care/index.html

carefully because of the profound power that our Supreme Court has," Obama said. " As a consequence, we're not spending a whole bunch of time planning for contingencies." Sounding a political theme, he said that more important was for "all of us, Democrats and Republicans, to recognize that in a country like ours -- the wealthiest, most powerful country on Earth -- we shouldn't have a system in which millions of people are at risk of bankruptcy because they get sick or end up waiting until they do get sick and then go to the emergency room which involves all of us paying for it." The measure is the signature legislation of Obama's first term as he heads into a re-election campaign this year. Polls indicate the nation is divided over the issue on ideological lines, with conservatives opposing the measure as a government overreach and liberals supporting it as a necessary overhaul of the health insurance system. At the joint news conference Monday with visiting leaders from Mexico and Canada, Obama was asked about the three days of high court hearings last week and subsequent speculation that conservative justices would rule against the individual mandate. "I think it's important and I think the American people understand and I think the justices should understand that in the absence of an individual mandate, you cannot have a mechanism to ensure that people with pre-existing conditions can actually get health care," Obama said then. "So, there's not only an economic element to this and a legal element to this, but there's a human element to this and I hope that's not forgotten in this political debate." He also took a shot at critics of the health care bill, noting that such opponents now were calling for the kind of "judicial activism" they have opposed in the past. "I 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," the president said. Later Monday, conservative Sen. Orrin Hatch, R-Utah, hit back at Obama's comments, saying in a statement that "it must be nice living in a fantasy world where every law you like is constitutional and every Supreme Court decision you don't is 'activist.' " "Judicial activism or restraint is not measured by which side wins but by whether the court correctly applied the law," Hatch's statement said, adding: "Unfortunately these attacks come as no surprise, since the memo appears to have gone out from the president's campaign that criticizing the Supreme Court is going to help his re-election." On Tuesday, Obama made no mention of judicial activism, focusing instead on people who have been helped by the law even though it has yet to be fully implemented. "This is not an abstract exercise," Obama said in reference to letters he gets "every day" about the law's benefits. The Supreme Court's decision is expected in June in the middle of the campaign for the November presidential election. Obama's likely Republican opponent, Mitt Romney, said Tuesday he was surprised by the president's Monday comments on the Supreme Court case, adding, "I don't think it will serve him any particular good function." "It is hardly an activist court for applying the Constitution," Romney told the Charlie Sykes show on radio station WTMJ in Milwaukee,

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4/4/2012 9:19 AM

Obama eases rhetoric about Supreme Court on health care - CNN.com

http://www.cnn.com/2012/04/03/politics/obama-health-care/index.html

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CNN welcomes a lively and courteous discussion here, so we do not pre-screen comments before they post. See our Community Guidelines for the rules of the road. Also note that anything you post may be used, along with your name and profile picture, in accordance with our Privacy Policy and the license you have granted pursuant to our Terms of Service. Real-time updating is enabled. (Pause) Showing 25 of 769 comments

Is there going to be a "crisis" in November that prevents an election?

Obama attacked the SCOTUS, challenged their responsibility to judge the law and essentiallty said since the Dems passed it it must be Constitutional. He has no respect for the Constitution, violated it with at least 3 actions, and has violated his oath of office to support and defend the Constitution. He should resign.

For the first time in my life, I am afraid of my own government. What will they not be able to do now. Will Obama confiscate guns in his 2nd term?

Obama said "So, there's not only an economic element to this and a legal element to this, but there's a human element to this and I hope that's not forgotten in this political debate."

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4/4/2012 9:19 AM

Obama eases rhetoric about Supreme Court on health care - CNN.com

http://www.cnn.com/2012/04/03/politics/obama-health-care/index.html

When the SCOTUS is considering a case, there is NO political debate. Political debate takes place in Congress. If there is a human element discussion, it takes place within the political debate in Congress. The only thing the Supreme Court is going to decide is whether Congress overstepped its authority when applied to the Constitution of the United States of America.

I have the ability to criticize the attacks on our Constitution by both parties. Unfortunately, many others (primarily liberals) are unable to look at the abuses by their own party. Would you lunatics quit thinking Bush is worse than obama? He WAS bad, but not even close to what obama IS doing. Check out obama's NDAA and Executive Orders and then we'll talk.

IndependentMom writes:

The low information bloggers are out in numbers today. Amazing how ignorant Conservatives can be! You, Conservatives were also against the following: Medicare Social Security Medicaid Civil Rights Act Minimum Wage Isn't it time the GOP stops being on the wrong side of history? Poor lady should change her handle to IgnorantMom. Just a quick look at history will show that those who most ardently fought against civil rights were the democrats, southern democrats in particular (who also made up the majority of the KKK). It's easy to look up the 1965 civil rights act and compare House and Senate votes of both parties. You also cite Medicare, Social Security, and Medicaid. How are those programs faring these days? "On the precipice" would be a good description. So, since the government has run those programs into the ground, you think it would be smart to give that same government control over all medical care? And I'll bet you think it's free, too, don't you? Like any health insurance you'd buy, you'll have to pay for your Obamacare as well. In 2008 the president said it would be cheaper, but according to the latest CBO report, it will cost considerably more than what you pay now. The only difference is, if you choose not to buy it now, you don't have to. After Obamacare passes, you'll have to buy it by law, and pay considerably more as well. The only reason I can think you would support that would be because you're not responsible enough for yourself or your family to purchanse health insurance on you own, but you need Big Brother Government to force you. But don't worry IgnorantMom, your children, grandchildren, and great-great grandchildren will work hard to pay it off, all the while wondering how their mother/grandmother/great-great grandmother could have been so mentally challenged..

Just remember...."We must pass the bill, so that we can know whats in the bill!"

Once again, CNN and the media are washing the President's comments and simply dismissing this egregious breach of the checks and balance system as conservative politics. All of us, Democrats and Republicans, should not be happy that our press have picked a side and are going to give half the politicians in our country a free ride. It doesn't serve anybody. Fine, eliminate the effectiveness of the Republicans, but what are we left with? The same old politicians but now with limitless power.

the media elected him by not vetting him. He is the most unqualified President in decades.

Obama said: "As a consequence, we're not spending a whole bunch of time planning for contingencies."

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4/4/2012 9:19 AM

Obama eases rhetoric about Supreme Court on health care - CNN.com

http://www.cnn.com/2012/04/03/politics/obama-health-care/index.html

Except one contingency - They appropriated over 100 billion to implement Obamacare. If the Supremes declare Obamacare unconstitutional, all the remaining money would have to be returned to the Treasury Department. And THAT would be stupid. So you know, starting yesterday, they're feverishly trying to spend ALL the billions that were appropriated under Obamacare. They'll hire as many new SEIU government employees as possible -- pensions, union dues, political contributions -- it's all tied up in hiring as many health care bureaucrats as possible. The money streams are endless. And once it's spent and the bureaucrats hired, the money can't be recovered and it will be near-impossible to fire the new bureaucrats. It's the cynical, criminal Chicago Way.

It would be interesting to know what are the stated reasons of those planning to vote for his re-election... The collection against it is already overwhelming. Are we that stupid, America?

Thats the same question I asked when we re-elected Bush. I'll take Obama's aversion of financial collapse and attempts at health care reform over Bush's Wars any day of the week.

How to tell when Obama is lying? His lips are moving. His comments earlier this week, while going after the US Supreme Court, and stating that it would be "unprecedented" for the court to strike down a law passed by Congress? It is done all the time. As a Constitutional lawyer, (so they say, who knows the truth with Obama and his past?) ) he should know that the U.S. Supreme Court has, since its beginning, struck down an Act of Congress about every 16 months, on the average, starting with Marshall.

Who the law would help or hurt is irrelevant. Its whether its constitutional is the question. Seems Professor Obumbles must have missed that class while community organizing at Harvard. And this Bozo lectured on constitutional law?

EXACTLY! He can't even comprehend Supreme Court 101: The whole constitutional purpose of a life-tenured, unelected, independent judiciary IS to be anti-democratic; to preserve life, liberty, and property from the tyranny of the majority. Without such a judiciary, nothing but brute force would protect us from a President or Congress that recognized no limits on its authority.

There IS a mechanism to ensure coverage for pre-existing conditions, it's called continuous coverage ... but no one is currently expected to actually plan ahead for their needs any more. No one actually has to accept responsibility for their own actions and decisions. We're setting up a system that allows citizens to bounce through life like a puppy in a field of daisies and while government takes care of everything for them. ... but there is no mechanism to pay for it.

Suprised that there is no article about the lower court demanding an explaination from DOJ by tomorrow.

I just want to make sure I have this straight-when a court overrules a piece of legislation voted on and enacted by the populace that is the court exercising prudence, and when they rule on legislation passed

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4/4/2012 9:19 AM

Obama eases rhetoric about Supreme Court on health care - CNN.com

http://www.cnn.com/2012/04/03/politics/obama-health-care/index.html

by congress and signed by the president, exercising checks and balances that have by design always been in place, that's an activist court? Since when does the government of the people have a stronger voice than the people. This is precisely the problem with not only this president, but the democratic party in general.

Chicago Thug ....what did you expect?

Just more Proof Ocommie doesn't have a clue and all that self promoted hype about his education was Propaganda. Ocommie ha been exposed as a Fraud many times so lets just impeach him and charge all his goons and get back to trying to undo all the DAMAGE the Socialists have done to this Country.

And obama is a lawyer? a Constitutional scholar? This is a further indictment against the education system he went through. That is all

Any one who watched this POS get passed saw the unamerican way it was done. This administration is full of liars and must be turned out in nov. That is all

Obamacare was "deemed to have been passed" and it was dropped off on the floor of the House at 3:00 AM. Included in the 2,900 page monstrosity are dozens of open-ended statute that say, "In the opinion of the Secretary" and that would be the liar Sebelius, so whatever she thinks about it that day, that will become the law. Obamacare covers pets too. NOT ONE Congressman has read the bill, Obama never read it, and the Supreme Court isn't going to read it, nor are the clerks at SCOTUS. So, all you Liberals who support it still haven't read it, and you support it?? C'mon man.

Up to now the courts have refused to hear cases challenging Obama's eligibility to be president under the Constitution. Keep challenging them Barack...

Thank goodness our Forefathers had enough insight to protect future generations of Americans against elected people in power who want to test their limits power or abuse their democratically elected power.

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Obama eases rhetoric about Supreme Court on health care - CNN.com

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