04.04.2012 0

5th Circuit Court schools constitutional law ‘professor’ Obama on judicial review

By Bill Wilson — So alarming were Obama’s comments that the duly enacted health care law being overturned by the Supreme Court would be ‘an unprecedented, extraordinary step,’ the 5th Circuit Court of Appeals felt compelled to issue a homework assignment to the Obama Administration. It seriously wants to know if the White House even believes courts have the power of judicial review to strike down laws that exceed constitutional authority.

This could be a constitutional crisis in the making. Obama may be setting the stage to defy the Supreme Court by refusing to comply with a ruling striking down the individual mandate or the law in its entirety. It would mean the executive views himself as supreme above the other two branches of government.

Regardless which way the ruling on Obamacare goes, Obama needs to come out — immediately — and tell the American people that he will comply with the Court’s ruling.

If the entire law is struck down, it will be up to Obama to direct affected departments and agencies, including HHS, the Center for Medicare and Medicaid, the FDA, the Department of Labor, and the IRS to rescind any regulations that might also be nullified by the Court. Appointments to the death panel must be rescinded and the Independent Payment Advisory Board deconstituted. The Treasury must rescind hundreds of billions of dollars of appropriations that were made under the original statute.

Bill Wilson is the President of Americans for Limited Government. You can follow Bill on Twitter at @BillWilsonALG.

Also Read:

“Obama’s court intimidation scheme nothing new,” ALG President Bill Wilson, April 4, 2012

“Obama’s Court intimidation scheme: Calls action against health care law ‘unprecedented’” Americans for Limited Government, April 3, 2012

“The real judicial extreme,” ALG President Bill Wilson, April 2, 2012

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