Jeffrey Sutton

Barack Obama On The Attack Against Republicans And Conservatives: Critical Of The Supreme Court And The Paul Ryan Budget Plan

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Barack Obama has gone on the offensive against conservative and Republican philosophy, both on the Supreme Court and in Congress.

Already throwing down the gauntlet to the Supreme Court yesterday, Obama pointed out that the commerce clause and Supreme Court case history and two Circuit Court Judges (Laurence Silberman and Jeffrey Sutton) are a call for backing the Obama Health Care law, and it is clear that IF the Court declares it unconstitutional, the Court itself will be an issue in the upcoming Presidential campaign of 2012. And it is certain that the KEY issue of 2012, no matter what happens, is to realize that the future judicial appointments to the Supreme Court and the lower courts matter more than ANYTHING economic or foreign policy related, because the judiciary is a lifetime appointment!

If we are upset over a 5-4 Court to the right, imagine a 7-2 Court under a Republican President when and if Ruth Bader Ginsberg and Stephen Breyer, both in their 70s, leave the Court over the next four to eight years!

But today, President Obama is also mounting a full scale assault on the Paul Ryan budget plan adopted by the House Republican majority for the second year in a row, which includes massive tax cuts to the rich beyond the Bush tax cuts, and major cuts in Medicare and Medicaid and all other domestic spending programs that benefit the poor and the struggling middle class, as well as the elderly.

Obama is calling it today’s “Social Darwinism”, the prevalent philosophy of the Gilded Age of the late 19th century, a period being matched and surpassed with the growing concentration of wealth in the top one percent of the population in the past ten years, and now threatening to be even more concentrated under the budget plan of the House Budget Committee Chairman.

And with the growing possibility that Ryan might be the Vice Presidential running mate of Mitt Romney, the future of the nation is at stake on the Supreme Court and lower courts, and also on the Presidential and Vice Presidential level, along with the Congressional actions in future years.

This is a battle for survival of the middle class, and the continuation of understanding the plight of the poor, as class division and the potential for class warfare grows!

Showdowns Between Presidents And The Supreme Court: Jefferson, Jackson, Lincoln, Franklin D. Roosevelt, Nixon, And Obama

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President Barack Obama today challenged the Supreme Court to support the Obama Health Care legislation, which was argued last week before the Court in an unprecedented three day, six hour presentation by the two sides in the case.

Obama made clear that two conservative Circuit Court judges, Laurence Silberman and Jeffrey Sutton, have backed the legislation as constitutional.

Just by simply answering a question from a journalist, what Obama has done is thrown down the gauntlet to the Court, as he did when he criticized them face to face at the State of the Union Address in 2010, shortly after the decision in the Citizens United case, the most unpopular decision of the Court since Bush V. Gore in 2000.

As the author listened to Obama’s challenge to the Court, it brought back the history of Presidential challenges to the Supreme Court in the past.

Thomas Jefferson and Andrew Jackson challenged the Court’s authority, causing antagonism between both Presidents and Chief Justice John Marshall.

Abraham Lincoln was critical of the Dred Scott Decision before his Presidency, and was in conflict with Chief Justice Roger Taney during the Civil War, until Taney’s death in 1864.

Franklin D. Roosevelt denounced the Supreme Court over challenges to the New Deal programs, and tried to “pack” the Court, and Chief Justice Charles Evans Hughes defended the Court from the attacks of the President.

Richard Nixon denounced the Court as too liberal and permissive under Chief Justice Earl Warren, when Nixon ran for President, with Warren swearing him in as President, and then retiring later in 1969. Nixon then had the opportunity to make four Supreme Court appointments and turn the Court more conservative.

And now, Barack Obama has challenged the Court for the second time, with Chief Justice John Roberts expressing discontent, after the fact, to the first criticism of the Court, expressed during the State of the Union Address.

Wondering what the ultimate relationship between Obama, and the Chief Justice and the entire Court in the future, will be, is one of the key events of this election year!

Certainly, Obama is in good company, distinguished company, with the other Presidents who have challenged the Supreme Court!

Conservatives Who Support The Obama Health Care Law: Charles Fried, Laurence Silberman, Jeffrey Sutton

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Three major conservative leaders have made clear by statements and actions that they believe the Obama Health Care law is constitutional under the commerce clause of the Constitution.

Charles Fried, who was Solicitor General under President Ronald Reagan in the 1980s, was highly critical of some of the questioning by conservative Justices Antonin Scalia and Anthony Kennedy of the Supreme Court this past week. Fried said health care is interstate commerce, and that Congress has the right to regulate interstate commerce. The arguments utilized in questioning are “phony rhetoric” in Fried’s mind.

Judge Laurence Silberman of the DC Court Of Appeals upheld the Obama Health Care law as constitutional in one of the cases brought by states before circuit courts on the way to the Supreme Court, decided on November 8, 2011. He has been a federal judge for 27 years, appointed by Ronald Reagan in 1985, and is a good friend, of all people, of Justice Clarence Thomas, who is seen as a guaranteed vote against the Obama Health Care law.

And Judge Jeffrey Sutton of the 6th Circuit Court Of Appeals upheld the health care law on June 29, 2011, and is seen as a leader of the conservative Federalist Society! He was appointed by George W. Bush, and is considered a disciple of Justice Antonin Scalia! He is well known as a states rights advocate!

So go figure!

This tells us ANYTHING can happen on this Court decision, and not to come to a conclusion this early that the Obama Health Care law is going to be overturned!