President Obama’s recent comments about the debate over his health care law were hypocritical to the point of being comical. “”I’m confident,” said the President on Monday, “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,” Obama said.
The “strong majority” part was inaccurate, of course, but that’s not the point. For decades Liberals like the President have depended on state and federal courts to institute leftist policies that didn’t have enough popular support to be enacted democratically. The holiest sacrament of liberalism, the “constitutional” right to abortion, was a case of the US Supreme Court over-turning laws enacted by democratically elected state legislatures.
On a normal day, liberals will openly advocate an activist role for the courts.
In an off-the-record conversation with Supreme Court clerks, Justice Thurgood Marshall once described this judicial philosophy quite candidly: “You do what you think is right, and let the law catch up.” For this very reason leftist venerate Marshall to this day.
Even the gray ponytailed old Marxists who write college history textbooks make no secret of the fact that liberal courts create their own laws. The three authors of the freshman history textbook America’s Promise, for example, describe the Roe v. Wade case quite accurately: “In Roe,” says the textbook, “Justice Harry Blackmun wrote the majority opinion that made abortion within the first three months of pregnancy a constitutional right.” (Italics added.)
The textbook writers state candidly that the Court, rather than the Constitution, made abortion a “constitutional right.”
And now President Obama wants us to believe that he believes no law enacted by Congress should ever be overturned by the Supreme Court. This, he wants us to believe, is a fundamental principle that he holds dear.
Next he’ll tell us that a strong defense and a wide-open free enterprise system are two more of his most cherished principles.