Accusing President Obama of trying to intimidate the Supreme Court, Judge Andrew Napolitano slammed the White House on Monday and predicted the president will lose a high court case that strikes at the heart of Obamacare’s future.
In an interview with “Kelly File” host Megyn Kelly, Napolitano attacked Obama’s statement to a news conference in Germany Monday that the case the Supreme Court should never even have accepted the King v. Burwell case challenging the subsidies that are key to Obamacare’s existence.
Obama also said he was confident the court would not rule against his administration. Obama, Napolitano said, was trying to strong-arm co-equal branch of government.
“He cannot intimidate them, they have lifetime tenure!” Napolitano said.
He noted that with the Supreme Court’s docket drawing to a close, the decision in the case has likely already been made, but hasn’t been announced. The president, Napolitano said, is preparing the public for the fallout from a decision that goes against him.
“He thinks he’s going to lose, and he’s trying to downplay the significance of that loss and disrespect the court,” Napolitano said.
“Guess what, Mr. President, the Supreme Court and not the president has the final word on the meaning of the law and its consistency with the Constitution. That’s been the law of the land for 230 years.”
That’s true, of course. But it’s worth remembering that it was the same Supreme Court – under the same Chief Justice John Roberts – that saved Obamacare in a June 2012 ruling. And it’s worth remembering that Obama expressed a similar confidence two months before that ruling was announced.
Maybe the president really can’t intimidate the Supreme Court. But he’s been in office for six year. He’s appointed two lapdog liberals of his own to the bench. And truly reliable conservative votes are confined to Justices Antonin Scalia, Clarence Thomas and — usually — Samuel Alito.
At this date, maybe Obama doesn’t have to.
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