In the escalating battle between the administration and the judiciary, a federal appeals court apparently is calling the president’s bluff — ordering the Justice Department to answer by Thursday whether the Obama Administration believes that the courts have the right to strike down a federal law, according to a lawyer who was in the courtroom.
“In the escalating battle…” Even making allowances for normal journalistic hyperbole, this is a remarkable admission that something is seriously amiss in our politics; it’s like we’re suddenly living back in 1937. The president of the United States is actively waging a war of words against the federal judiciary in general and the Supreme Court in particular. And, right on cue, comes a horde of lefties suddenly concerned about “unelected” justices, whether Marbury v. Madison was properly decided back in 1803, and whether it’s not time to revisit it in the interest of, you know, “social justice.” You don’t have to be a Weatherman to know which way the wind blows — especially when the hot air is emanating from the White House. Good for the 5th Circuit to call them on it.
Many have commented that last week was the worst week (so far) for the Obama administration, but I don’t think the apparatchiks have quite yet realized how bad things are going to get for them. The decision to insult and attack the Catholic Church was spectacularly stupid, even as a crass political tactic, since there are some 77 million Catholics in the country, representing about a fifth of the population. True, Catholics tend no longer to vote as a bloc (the old FDR coalition has splintered as the Irish and Italians moved out of the cities and up in the world), but a thumb in the eye to one is a thumb in the eye to all, especially when that one is the Cardinal-Archbishop of New York.
#more#Now it’s the judiciary’s turn, and that is likely to end equally badly for the president. Because this isn’t simply an attack on a judge or court because of one ruling; it’s a pre-emptive strike on a decision that has yet to be issued. Worse, it’s not really a blitzkrieg against even the Supreme Court but is rather a direct strike against the Constitution and the Founders. And a majority of Americans understand that the Constitution is the only thing separating us from tyranny on one hand and barbarism on the other. We’ve understood for a while now that Obama finds the separation of powers inconvenient, but this takes his will to power to a new level.
Which brings me back to my point from yesterday: The Punahou Kid is not used to being crossed, nor to being treated with anything less than obeisance. All his life, he’s gotten away with his lighter-than-air act, blissfully aware than even when provably duplicitous he’ll be able to skate, thanks to his protective horde of media buddies, led by Jake Lingle himself.
In the Leftist world-view, there is no yesterday, only the fierce urgency of now in the service of tomorrow — which they feel rightfully belongs to them. Which is why and how stories go down the memory hole, and why Obama will conduct his 2012 campaign by essentially running against himself and promising that next time, things will turn out better. The real “dog whistle” will be Obama signaling to his supporters that “you ain’t seen nothing yet.”
The Great Equalizer in the battle between right and left is the Left’s congenital tendency to overreach, to let the mask of affability slip and to reveal themselves for what they really are. By now, the Obama administration’s overt hostility to the country as founded ought to be clear to everyone (for the Left, that’s not a bug, it’s a feature), and it’s mistaken its fleeting supermajority (the result of years of concerted media Bush-bashing) as carte blanche to act on it.
But there’s — thankfully — still a glass ceiling to this fashionable anti-Americanism. Obama was the first Democrat to win a majority of the vote since Jimmy Carter in 1976, and that was a mistake the electorate quickly rectified with the two Reagan landslides. Four years of Nancy Pelosi were all the populace could stomach and it’s likely that the same will be true of Barack Obama. As the Patient Deflection and Unaffordable Care Act demonstrated, even with a supermajority the Democrats still had to resort to bribery, prevarication and legalistic chicanery to get it passed.
Of course, that assumes the GOP candidate can move past the “he’s in over his head” bromides and directly engage the great battle — the Cold Civil War — of our times. Obama’s never had to take a real punch, never had his core assumptions challenged, never been forced to defend his governing philosophy — which is why he reacts so petulantly when crossed. He’s got a glass jaw, which is something increasingly evident to the public; let’s hope it is to the candidate as well.
As Budd Schulberg knew: The bigger they are, the harder they fall.