RUSH: Here’s Barack Obama. He got a question this afternoon. After last week’s arguments at the Supreme Court, many experts believe there could be a majority five-member vote to strike down the individual mandate. If that were to happen, if it were to be ruled unconstitutional, what would you do? Would you still guarantee health care to the uninsured and those Americans who would become insured as a result of the law?
OBAMA: Ultimately 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.
RUSH: It wasn’t.
OBAMA: I just remind conservative commentators that for years what we 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. Well, this is a good example, and I’m pretty confident that this court will recognize that.
RUSH: None of what he said is true. He didn’t define “judicial activism” properly. Judicial activism is writing new law. This is not judicial activism if they overturn it. It’s supporting the law. It’s confirming the law. There was not a large majority. This was not a bipartisan victory. Here’s the next sound bite.
OBAMA: I’m confident that this will be upheld because it should be upheld, and again, that’s not just my opinion. That’s the opinion of a whole lot of constitutional law professors and academies and judges and lawyers who have examined this law, even if they’re not particularly sympathetic to this particular piece of legislation or my presidency.
RUSH: What is that, not sympathetic to my presidency? Yeah, the people who thought it’s constitutional are shocked, and now they’re beginning to look — we’ve been through all this last week. I don’t need to re-trod past ground. But, folks, he also went on to talk about how unelected officials should not have any say-so in this matter. It’s almost like he expects this thing to be found unconstitutional. It’s almost like he expects it to be struck down. The real question here, here’s a constitutional law professor, Barack Obama, and he doesn’t know that his mandate’s unconstitutional. And the truth is, he doesn’t care. He really doesn’t care. There are more sound bites. His answer rambled. It went on and on and on. We’ll have more on this tomorrow, folks. But it appears that he’s crossing the line, separation of powers here, and wants to run against the Supreme Court. That has not worked for presidents in the past.
RUSH: Hey, Mr. President, last time I looked, a bunch of unelected people created a national abortion law, and I think you were pretty cool with that, Roe v. Wade, 1973. A bunch of unelected people created out of whole cloth a right that doesn’t even exist, doesn’t even show up in the Constitution. So, as usual, hypocritical as possible.