Magazine April 30, 2012, Issue

Obama v. the Court

(Darren Gygi)
Striking down an unconstitutional law is not activism

President Obama was once a lecturer on constitutional law, but he appears to be a little rusty. Most of what he has said recently about the Supreme Court case challenging the constitutionality of the health-care law he signed has been ill-informed.

Asked about the matter at a press conference on April 2, he responded that he was confident the Court would uphold the law: “And the reason is because, in accordance with precedent out there, it’s constitutional.” Actually, there isn’t any precedent for the Court to examine on the question of whether the federal government can order Americans to buy health

Ramesh Ponnuru is a senior editor for National Review, a columnist for Bloomberg Opinion, a visiting fellow at the American Enterprise Institute, and a senior fellow at the National Review Institute.

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