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Given President’s Obama’s proclivity toward basketball, in the event that he is not re-elected, a career as a sports announcer would seem a good fit. By the President’s definition, Obamacare passing Congress was a “strong majority.” (219 to 212, a 1.6% margin after a closer vote earlier) His description of basketball scores would be unique. In this year’s NCAA tournament he would have called Kansas’s defeat of Ohio State by two points (a 1.6% margin) a strong win for Kansas and Kentucky’s 67 to 59 (6.3% margin) over Kansas a quadruple strong win.


Unfortunately, President Obama’s distortions of reality did not stop with the mischaracterization of margins in an answer to a question about the Supreme Court’s consideration of Obamacare.

“I am confident that the Supreme Court (later he described it as unelected) will not take what would be an unprecedented, extraordinary step of overturning a law”

This is an absolutely remarkable statement coming from a past president of the Harvard Law Review who later taught constitutional law at the University of Chicago (albeit not as a professor). The record is replete with cases of federal courts overturning laws passed by elected bodies the court deemed unconstitutional. If the President’s background in any court rulings before he took office is limited, perhaps he forgot a federal court recently overturned an Arizona immigration law passed by an elected body or a federal court invalidating California proposition 8 in 2010.

President Obama also complained that conservatives have been arguing for years that the Supreme Court should not adopt an activist approach by making rather than interpreting the law. Implying hypocrisy by conservatives the President again distorts reality. Conservatives have argued the court should not arbitrarily invent extra-constitutional interpretations and implement as law. If the Court chooses to rule Obamacare unconstitutional, it will be because they deem the bill itself to be extra-constitutional, whether because they find the ‘commerce clause’ argument a stretch or they cannot find a clause that guarantees free contraception for all.

Also interesting was the tone of his remarks emanating hostility that the court might jeopardize a popular measure. Really unprecedented was the passage of major legislation against the sediment of the public with absolutely no bi-partisan support. In order to secure votes within his own party the President made promises about abortion funding that have since been broken and wrote special provisions for reluctant Senators. You would never guess from the President’s tone that 61% of the public believe the individual mandate is unconstitutional.

Perhaps we shouldn’t be surprised at what is spoken by a President, who recently proclaimed,
“Anyone who says that we’re somehow suppressing domestic oil production isn’t paying attention.”

Have a fulfilling and profitable day,

WC (Bill) Augustine

Check out my book!

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