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What was President Obama's criticism of the Supreme Court in its potential to overturn...

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sadset142 | Student, Grade 11 | (Level 2) eNoter

Posted August 10, 2012 at 11:15 PM via web

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What was President Obama's criticism of the Supreme Court in its potential to overturn the Affordable Health Care Act? 

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Ashley Kannan | Middle School Teacher | (Level 3) Distinguished Educator

Posted August 11, 2012 at 4:00 AM (Answer #1)

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I had to reword the question because I don't think you will find the President offering much in way of criticism now about the Supreme Court regarding health care.  There was a time when it looked as if the Court might overturn the policy.  In this, the President did offer some criticism of the Court.  I think that he and his advisers might say that he was simply speaking of the Court in a Constitutional sense, but it came across as criticizing it.  The President's main argument was that the legislation, the Affordable Health Care Act, was legitimately passed by both chambers of Congress and signed by the Executive Branch.  The President argued that if the Supreme Court did overturn a legitimately constructed piece of legislation, it would be engaging in a stance of judicial activism that goes against the spirit of the separation of powers element in the Constitution:

"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,' the president said.

The President's comments came across as partisan criticism of a nonpartisan entity.  With the upholding of the law, this criticism became moot.  Yet, these comments would be the only real example of potential criticism offered by the President towards the Supreme Court.

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