WASHINGTON, April 2 (Reuters) - President Barack Obama took
an opening shot at conservative justices on the U.S. Supreme Court on Monday, warning that a rejection of his sweeping healthcare law would be an act of "judicial activism" that
Republicans say they abhor.
Obama, a Democrat, had not commented publicly on the Supreme
Court's deliberations since it heard arguments for and against
the healthcare law last week.
Known as the "Affordable Care Act" or "Obamacare," the
measure to expand health insurance for millions of Americans is
considered Obama's signature domestic policy achievement.
A rejection by the court would be a big blow to Obama going
into the Nov. 6 presidential election.
Republican presidential candidates, who are vying to take on
Obama in November elections, have promised to repeal the law if
one of them wins the White House.
Obama's advisers say they have not prepared contingency
plans if the measure fails. But the president -- who expressed
confidence that the court would uphold the law -- made clear how
he would address it on the campaign trail if the court strikes
it down.
"Ultimately, I am confident that the Supreme Court will not
take what would be an unprecedented, extraordinary step of
overturning a law that was passed by a strong majority of a
democratically elected Congress," Obama said at a news
conference with the leaders of Canada and Mexico.
Conservative leaders say the law, which once fully
implemented will require Americans to have health insurance or
pay a penalty, was an overreach by Obama and the Congress that
passed it.
The president sought to turn that argument around, calling a
potential rejection by the court an overreach of its own.
"And I'd just remind conservative commentators that, for
years, what we have heard is, the biggest problem on the bench
was judicial activism, or a lack of judicial restraint, that an
unelected group of people would somehow overturn a duly
constituted and passed law," Obama said.
"Well, this is a good example, and I'm pretty confident that
this court will recognize that and not take that step," he said.
POLITICAL DEBATE
The Supreme Court justices are expected to issue decisions
in the dispute by late June, a time when the presidential
campaign season is likely to be in full swing.
"It's not that common for presidents to get into direct
verbal confrontations with the Supreme Court," said Georgetown
University law professor Louis Michael Seidman. "But it's also
not that common for the Supreme Court to threaten to override
one of the president's central legislative accomplishments."
A spokeswoman for the court declined to comment on Obama's
remarks.
A spokeswoman for Mitt Romney, the front-runner for the
Republican presidential nomination, took issue with Obama's
preemptive strike and his use of the word "unprecedented."
"What was 'unprecedented' was the partisan process President
Obama used to shove this unconstitutional bill through despite
the overwhelming objections from Americans across the country,"
said Romney spokeswoman Andrea Saul.
"Even if the law is upheld, Governor Romney will begin the
process of repealing it on Day One in office."
Romney shepherded healthcare reform through the state of
Massachusetts when he was governor there. Democrats note that
Romney's law was an inspiration for Obama's.
The president, who once taught constitutional law at the
University of Chicago, said the "individual mandate" that
requires most people to buy insurance was critical to the
success of the healthcare overhaul.
The Supreme Court is looking at whether Congress exceeded
its power to regulate commerce in U.S. states with that mandate.
"I think the justices should understand that in the absence
of an individual mandate, you cannot have a mechanism to ensure
that people with preexisting conditions can actually get health
care," Obama said.
"So there's not only a economic element to this, and a legal
element to this, but there's a human element to this. And I hope
that's not forgotten in this political debate."
The Supreme Court cases are National Federation of
Independent Business v. Sebelius, No. 11-393; U.S. Department of
Health and Human Services v. Florida, No. 11-398; and Florida v.
Department of Health and Human Services, No. 11-400.
(Reporting by Jeff Mason; additional reporting by Joan
Biskupic, Tabassum Zakaria, Samson Reiny, and Steve Holland.)
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