Obama’s Supreme Court Smackdown Explained

The president was signaling to the justices that if they strike down health care, it's on them.

Bloomberg/Getty Images
Bloomberg/Getty Images

Considering all the outrage during the past week over President Barack Obama’s somewhat tart “pre-buttal” to the Supreme Court on the fate of the Affordable Care Act, you’d almost think the president had stepped to the mic last Monday and told the justices to take their forthcoming ruling on the individual mandate and “shove it.”

And actually, he sort of did.

It wasn’t nearly that dramatic, but the president did go out of his way to give them — and opponents of the mandate — something to ponder in advance of the court’s ruling, arguing that it would be an “unprecedented” move that “an unelected group of people would somehow overturn a duly constituted and passed law.”

He was wrong, of course — the court does that all the time — and pundits cried foul, with the Wall Street Journal’s James Taranto tweeting, “Obama is stunningly ignorant when it comes to constitutional law,” and the Washington Post’s Ruth Marcus writing that she was “stopped cold” by the president’s “assault” on the court.

Senate Majority Leader Mitch McConnell warned Obama to “back off,” and even the president’s Harvard mentor Laurence Tribe weighed in Wednesday, saying that his former student “obviously misspoke.”

But he didn’t misspeak — he talked back. Obama knows as well as anyone that the Supremes are going to rule as they see fit. But he’s decided to sandbag them, so that if they overturn the mandate — and then universal health coverage crumbles around it — it’s on them, not him.

Why shouldn’t he? “Mr. Nice Guy” hasn’t worked, so he’s going with “No More Mr. Nice Guy.” As Sarah Palin might say, he’s “going rogue” and the only lesson here is that the president can throw a punch as well as he can take one.

Conservatives are mad that Obama played the “activist judges” card on this one, but second-guessing courts is a tactic that they invented. If they don’t like it, they should have thought twice before deploying it to oppose everything from abortion to gay marriage.