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From: Restore America's Voice Foundation Sent: Friday, April 06, 2012 Subject: Obama Intimidation Campaign of High Court Intensifies on ObamaCare
OBAMA INTIMIDATION CAMPAIGN OF HIGH COURT INTENSIFIES ON OBAMACARE UPDATE: We warned you the White House had launched an aggressive public relations campaign that includes intimidation, lies and media name-calling against opponents, in the Obama administration's no-holds-barred offensive to force ObamaCare through the Supreme Court. What we didn't know was that using the prestige and power of the Oval Office, Obama personally was going to attack the Supreme Court in incitement to leftist protests and campaigns for impeachment of all five "conservative" Justices if the High Court rules against him!
But that is what he is doing.
During a Monday Rose Garden press conference, Obama came out swinging against the Court. He either duplicitously or ignorantly applied the description of judicial activism to the doctrine of judicial review, questioned that an "unelected group of people" (the Supreme Court) could overturn a law approved by Congress (federal judicial review established in the 1803 landmark case Marbury v. Madison, notwithstanding), and then stated whatever the judiciary determined to be ObamaCare's constitutionality, "I'm 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," (denying a principal duty of the federal courts which has been exercised countless times and enforced by Supreme Court decisions striking down more than 163 acts of Congress through 2010.)
A further sidebar of outrageous falsehood "ObamaCare passed under disgraceful procedural irregularities by only 219 to 212, a razor-thin margin, not a strong majority, in which 34 Democrat House members voted nay; however, the margin of passage has never been a factor in the Supreme Court's review of any law's constitutionality.
As every student in America used to be taught, the Constitution, and the laws of the United States which shall be made in pursuance thereof are the supreme law of the land." Any law contrary to the Constitution is void. The duty of judicial review grants federal courts the power to void acts of Congress that are in conflict with the Constitution.
Obama shamefully chose to conflate modern judicial activism - when judges unconstitutionally legislate from the bench, allow their partisan, personal views about public policy, and not the Constitution, to guide their judicial decisions, and invent new "rights" out of thin air - with the constitutional doctrine of judicial review. For Justices to invalidate a law they deem to be unconstitutional is precisely the duty of the Supreme Court. ("No legislative act contrary to the Constitution, can be valid," Alexander Hamilton, Federalist #78.)
Obama's inflammatory demagoguery of this week, where facts and history are perverted, lies are pronounced claiming truth, all principle is subordinated to ambition, and reality is simply altered to conform to envisioned fantasy, has been far beyond even what we expected from the Chicago Way. But it MUST not go unanswered! ObamaCare MUST not stand!
We MUST display our superior resolve to the Court, the Congress and the political elites, expressed by YOU, the true American majority of free citizens who overwhelmingly reject this legislation as UNAMERICAN and UNCONSTITUTIONAL and understand that OBAMA and his partisans have abandoned ALL HONOR AND HONESTY in discussion, debate and deliberation in how we as a people should move forward with healthcare reform!
Obama IS inciting the radical Occupy forces to resist the decision of the Supreme Court!
So for now the battle lines are drawn: WE WILL FIGHT FOR FAIRNESS IN THE COURTS! WE WILL FIGHT FOR FAIRNESS IN THE CONGRESS! WE WILL FIGHT FOR THE CONSTITUTION!
TELL CONGRESS: REPEAL IT NOW!
INVESTIGATE OBAMA'S "UNDERSTANDING" OF THE CONSTITUTION AND SUPREME COURT POWERS!
INVESTIGATE ELENA KAGAN'S "IMPARTIALITY"!
Obama is banking on a raw display of power, media clout and political muscle to keep the Supreme Court compliant OR intimidated, and to render the verdict he seeks on ObamaCare.
Obama clearly thinks the Court is thoroughly politicized, and may respond to elite pressure, activist agitation and media coverage. Since the Citizens United decision and Obama's unprecedented public attack upon the Justices at his State of the Union address, the Court has avoided appearances of political confrontation with Obama - so now he is inciting against them. A recent request for Supreme Court debate as to whether Elena Kagan should recuse herself from participation in the upcoming ObamaCare rulings was flatly denied.
It would seem that generally negative reports of the three days of ObamaCare hearings, and possibly a leaked report from crony Court appointee Elena Kagan of the preliminary vote of the Justices' conference following, have enflamed Obama to jump into a full Alinsky-style public attack strategy.
But it is NOT too late for justice to prevail in the Court! Congress MUST demand accountability from Obama AND Kagan! There is still time for Congress to step in and do their job, push back against Obama's shocking aggression, maintain the balance of powers and protect the integrity of the High Court.
"I have complete confidence in the capability of my colleagues to determine when recusal is warranted," said Chief Justice Roberts in his year-end report, by which he meant each justice individually and personally determining recusal for him or herself.
On her record, do we have grounds to for "complete confidence" in Elena Kagan rendering justice on ObamaCare?
After heading the department preparing to defend ObamaCare in court, not to mention managing the attorneys assigned to defend Obama's "signature legislation," it is simply illogical to assume Kagan could be impartial.
And now, after her performance in the ObamaCare hearings, where we witnessed her still "acting" as Solicitor General and leaping in to make the defense arguments that her successor, Donald B. Verrilli Jr., was too flustered or incompetent to present..
Even Democrats agree, Kagan should be recused. Well known liberal law professor Eric J. Segal recently wrote:
"Elena Kagan should recuse herself in the upcoming challenge to President Obama's health-care plan - the Office of the Solicitor General, and her top deputy, Neil Katyal, were undeniably involved, from the beginning, in the Obama administration's litigation strategy defending the Affordable Care Act ('ACA')."
The integrity of the Supreme Court, and what remains of our system of co-equal branches and balance of powers, is imperiled by Obama's dangerous demagoguery, his deliberate falsification of history and misrepresentations of our institutions of jurisprudence and fealty to the Constitution, and Kagan's arrogant refusal to recuse herself from these cases. Will Obama intensify his attack upon the Court, and call out the Occupy mobs upon the conservative Justices, should they defy him, and rule against ObamaCare?
The strength of our republic lies in the system of checks and balances our Founding Fathers laid out over 200 years ago. They foresaw a time when one branch would overreach its equal and co-governing status and so they provided us with a remedy - the people's voice.
We must now in unison be heard, and compel our elected representatives in Washington to do their job, provide oversight and accountability, and stop the tyranny that seeks to destroy the Constitution.
Congress must demand integrity on the Court in order to preserve the republic.
Join me now, in demanding Congress take a stand, uphold the law and the Constitution, and fully investigate Obama and Kagan's conduct surrounding the Supreme Court's ObamaCare constitutionality challenges!
Sincerely, 
Ken Hoagland at www.RepealItNow.org
Ken Hoagland at www.RepealItNow.orgCopyright 2011- Paid for by Restore America's Voice Foundation, P.O. Box 131808, Houston, TX 77219-1808 - Contributions are not tax deductible.
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