Barack Obama accused of bullying’ US Supreme Court over controversial healthcare reforms

The law’s opponents argue that it is unconstitutional for the government to
force people to buy things. The Court is weighing this against the
administration’s claim that it is legal under the Constitution’s “commerce
clause “, which allows Congress to regulate interstate trade.

Mr Obama’s Justice Department was forced on Thursday to submit a letter to a
Texas judge in a separate Obamacare lawsuit, who demanded to know whether
the President accepted that courts had authority to overturn laws that they
found to be unconstitutional.

Eric Holder, Mr Obama’s attorney general, was compelled to issue a statement
confirming that the administration “respect the decisions made by the
courts since Marbury v. Madison,” a landmark 1803 case establishing the
principle of judicial review. “Courts have final say,” said Mr
Holder.

Randy Barnett, a constitutional Law professor at Georgetown University, said
that Mr Obama’s remarks were a “gross mischaracterisation of the
relationship of the courts to Congress”. He told The Daily Telegraph: “There
really wasn’t anything in that statement that was accurate”.

Even Laurence Tribe, a professor close to the president who mentored him at
Harvard Law School, told an interview: “Presidents should generally
refrain from commenting on pending cases”.

Some legal experts compared Mr Obama’s move to President Franklin Roosevelt’s
1937 assault on the Supreme Court after it rejected several components of
the New Deal, his programme to bolster America’s recovery from the Great
Depression.

One, Stephen Presser, a professor of legal history at Northwestern University,
described Mr Obama’s comments as “astonishing”, adding: “Apparently
his grasp of constitutional law is slipping”.

Prof. Presser said the statement may have been a “pre-emptive strike”.

While Mr Obama claims to be “confident” the Court will uphold the
law, many Supreme Court experts expect his signature legislative achievement
to be left in tatters. Justice Anthony Kennedy, typically the “swing
vote” between the Court’s four conservatives and four liberals,
appeared sceptical that it was legal.

Jay Carney, Mr Obama’s spokesman, said the president’s comments were “the
reverse of intimidation”. The President himself pulled back from his
original statement during a later speech in Washington.

“The Supreme Court is the final say on our Constitution and our laws, and
all of us have to respect it,” Mr Obama 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.” His aides claimed that he meant it would be “unprecedented”
only to overturn a law with such economic magnitude. Justin Driver, a
University of Texas law professor who clerked for two Supreme Court
justices, described his argument as “credible”.

“It affects so many millions of people, healthcare is such a large sector
of the American economy and this is an enormous piece of legislation,”
said Prof. Driver. “I think he is correct in that regard.”

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