Obama: Supreme Court Overturning Health Care Would Be “Unprecedented”


obama-health-carePresident Obama expressed confidence Monday the Supreme Court will not overturn his signature health care law when it issues a ruling later this year on the constitutionality of the landmark legislation, arguing it would be “unprecedented” for the court to make such a dramatic power play over Congress.

“I am confident that this will be upheld because it should be upheld,” Mr. Obama told reporters at the White House when asked about the case at press availability after meeting with Canadian Prime Minister Stephen Harper and Mexican President Felipe Calderon.

Mr. Obama said a decision by the nation’s top court to throw out the law would be unprecedented and precisely the kind of action that many conservatives for years have criticized as overreaching “judicial activism.”

“Ultimately I am 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,” Mr. Obama said.

The Supreme Court heard three days of oral arguments in the case last week and is expected to issue its decision later this year, possibly at the end of the court’s session in June.

The president characterized the debate over the law as a “political” one, and said most constitutional law scholars believe the law should not be thrown out.

“That is not just my opinion, that is the opinion of a whole lot of constitutional law professors and academics and judges and lawyers who have examined this law even if they are not particularly sympathetic to this particular piece of legislation or my presidency,” said Mr. Obama, himself a former constitutional law professor at the University of Chicago.

“I would just remind conservative commentators that for years what we have 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 am pretty confident that this court will recognize that and not take that step,” he said.

{CBS News/Matzav.com Newscenter}


  1. Since when is it unprecedented for the Supreme Court to declare a law passed by Congress unconstitutional? They have been doing that for about 300 years. FDR had many of his laws declared unconstitutional. He even wanted to add justices so they could vote the way he wanted.

    Judicial activism is finding new rights in the constitution like toeiva marriage or abortion, not ruling that Congress and Obama overstepped their authority

  2. Probably the most activist Supreme Court was the conservative Court that overturned New Deal legislation prompting FDR’s failed Court “packing” plan. However, it could happen that the Court will only overturn part of it. Time will tell.

  3. Message to deformed dem (#2)
    No to this bill is the will of the people of the US. If the bill was conceived by Obama, it must be bad.

  4. What about all the unelected czars swamping the country with useless and harmful rules that destroy business and energy supply?

  5. The bill itself is unprecedented in size, falsity, and unconstitutionality.

    Obama is unprecedented in US Presidential duplicity.