Political Hotsheet
By

Corbett B. Daly /

CBS News/ April 2, 2012, 2:26 PM

Obama: Supreme Court overturning health care would be "unprecedented"

Carolyn Kaster
UPDATED 3:20p.m. ET

(CBS News) -- President 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 in the Rose Garden appearance.

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.

On the most controversial aspect of the law, a requirement that everyone purchase health insurance or pay a penalty, Mr. Obama said there is more than just a legal argument to be made.

"I think it's important, 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 healthcare," the president said.

"So, there is not only an economic element to this and a legal element to this, but there is a human element to this. And I hope that is not forgotten in this political debate," he added.

© 2012 CBS Interactive Inc. All Rights Reserved.
239 Comments Add a Comment
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yeahUmWhatever says:
I still find it interesting that dems won't admit the president told a bold face lie. What this former constitutional law professor says would be 'unprecedented' has happened 1,351 times as of 2002. Face it, he knew he was lying. I don't care what people's opinion on the affordable care act is. What bothers me is that the president told a complete and easily dis-proven lie.
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Beerbear says:
For someone who, supposedly taught constitutional law, this president of yours is a bit of a stupid fellow.

Unprecedented? No. Marbury v. Madison comes to mind, followed by dozens, if not hundreds of similar cases.

Strong majority? No. 219-212 isn't a strong majority. It's barely scratching it.

Democratically elected Congress? Who cares? That's irrelevant if it's unconstitutional. The Supreme Court exists to make sure laws follow the Constitution. Again, something that idiot you stupid Americans elected in 2009 should know, since, well, he supposedly taught constitutional law.

And here's the really funny part: Obamacare will work for a few years. Then it will go down the same road as similar systems in the EU. You will NOT get the best healthcare. You will get the cheapest, since otherwise it can't be financed. If you want top stuff, you will have to pay yourselves anyway.
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sharglenden says:
By reading these comments I can see why our country is in such a damm mess, sounds like a bunch of idots on here!
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mccgsm says:
So, is this the same President who directed his own attorney general to abandon the Defense of Marriage Act--a law passed by a strong bipartisan majority of Congress--as an exercise of raw executive power? And exactly how many laws stricken by the Supreme Court were passed by razor-thin majorities, and why should that have any bearing on the constitutional analysis? Unfortunately, this would-be emperor may have clothes on, but his thirst for power is as naked as can be....
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Zann-Zel says:
by Mortar1SG_29 April 3, 2012 4:03 PM EDT
Mrs. Zann, let's say for a moment that there are more men in the US than women. And tomorrow, the men (being the majority in this example) vote that women can no longer vote.

What would be wrong with that? I mean, the majority decided, right?
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LOL...Mortar...there are some things no constitution or government on earth can change!
Like how you wouldn't be here without a woman!
Like how women have other ways much more affective, to fight back against controlling men! LOL!
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Zann-Zel replies:
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And the attempt to keep women from having access to birth control pills....that's not controlling women?

The idea that a woman should have to go to her boss and ASK the boss IF they approve of birth control, so the insurance company will cover it.....that's not controlling?
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Zann-Zel says:
Empire, it is deeper than that.

Liberals believe in the strength of the group.

Conservatives believe in the strength of the individual.

Our country was founded upon the ideals of the individual having unalienable rights...and for the short time we are here on this planet, we have the right to pursue happiness in a way that we define.

Liberals want that happiness defined for the individual...and then want others to insure that happiness happens.

Two totally opposite ways of doing things.
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The thing is Mortar - you can't just stick people into a category!
I know I don't fit into your little stereotypes there! I believe in the strength of individuals AND the strength of a group! If we would break issues down and tackle them ONE at a time, I think we'd find more of us agree than we think!
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Zann-Zel replies:
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You're a pesimist Mortar!
You think in terms of denying rights.
I think in terms of NOT denying rights!
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Zann-Zel says:
What are you people who are afraid of Demmocray afraid of?

That things have changed? Are you afraid if we take a vote that gays can marry, and you'll be forced to accept that they exist?

Are you afraid you'll no longer be able to Control Women?
What is it you are all so afraid of?
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Zann-Zel says:
by Mortar1SG_29 April 3, 2012 3:45 PM EDT
Jesus disagrees with you, Mrs. Zann.
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LMAO!
And when did he tell you that Mortar?
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Zann-Zel replies:
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hmmm...
Well maybe I disagree with Jesus then.
Cuz to me the heart is where Love and Caring come from.

The head is where Greed comes from.
Zann-Zel replies:
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We'll have to agree to disagree Mortar, since Jesus isn't here to tell us which one of us interprets his meaning correctly! : )

ZANN/RANGER 2012 : )
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Zann-Zel says:
by EmpireGeorge------____ April 3, 2012 3:41 PM EDT
Zann-Zel, but in both instances, that insurance customer costs the insurance company a lot more than say a responsible driver, or a person who has no prior conditions.....so the insurance company should be compelled to lose money on those customers ? how would they stay in business, getting tiny premium dollars, and then shelling out huge dollars for treatments of severe pre-existing conditions
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Well what are poor people with pre-existing conditions supposed to do George? I don't intend to just say oh well, I'll just die, since I got this pre-existing condition! I plan to fight the insurance companies & the government if I have to - for Fair Treatment!
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Zann-Zel replies:
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I understand people with pre-existing conditions may be more expensive George - but that doesn't mean they are just going to withdraw themselves from the rest and go die somewhere. EVERYONE eventually has a pre-existing condition! EVERYONE.
Zann-Zel replies:
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I AM "those folks" Mortar! And NO ONE has come up to me offering to pay my medical costs while I have to wait a year at a time because of Pre-existing conditions!!!!!!!!!!!!!!
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Zann-Zel says:
Mortar1SG_29 April 3, 2012 3:07 PM EDT
Nope. Jesus would never be for what liberals want to do...FORCE people.
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Jesus would never say "Can't heal you, you have a pre-existing condition!"
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Zann-Zel replies:
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You can't compare DWI's which is a several bad choices made by a person - to lets say.....Epilepsy, which someone is born with, didn't ask for, didn't do anything to cause themselves to have it!
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