Selective quotation is a funny thing. I hear a lot of people quoting Obama saying this "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 then get their chuckles over the fact that Obama doesn't understand that democratic majorities have nothing to do with the court's decisions - that it's not unprecedented or extraordinary at all for the court to knock down majority decisions that violate the Constitution.
I see much fewer people quoting when he continues with this: "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." The concern is not just the democratic majority - the whole concern is that the law is "duly constituted and passed"!!! The whole concern is that the Court would be striking down a constitutional law!!!
That isn't to say that Obama's statement was perfectly worded - after all, its NOT unprecedented for the court to invalidate a constitutional law either. But these "gotchas!" are getting really bad. Unfortunately, now that it looks like that national campaign has started I think we're only going to see more of this.
John Nash’s Contribution to Game Theory
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