Unelected Supreme Court Notices Obama Bought ObamaCare Vote – No Republicans Voted for ObamaCare: Warns SCOTUS on Stripping Mandate

The Chicago Way was on full display today as Obama took to his podium and warned the U.S. Supreme Court that Americans would would see the stripping-out of his ObamaCare mandate as “judicial activism.” He referred to one of the three co-equal branches of government as “an unelected group of people.” This from the man who has governed by hordes of unelected bureaucrats known as Czars. He referred to the passage of the legislation by “a strong majority of a democratically elected Congress.” That majority included not a single Republican vote, and backroom deals to get the necessary votes, as 34 Democrats voted with every Republican, against ObamaCare, were fast and furiously offered to whomever Democrats thought they could buy. Obama suggests the Court would be overreaching their authority should they deem the mandate illegal.

Barack Obama - Elena Kagan


Obama’s warning to SCOTUS:

“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,”

“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.

But there is nothing “unprecedented” about overturning unconstitutional laws.

What is unprecedented is that an American Congress would so deceive the people of this country and mandate that they make a purchase or face a penalty. It has never been done before. Never has Congress created a “commerce,” with the goal to regulate that new commerce. Never.

✔ What is unprecedented is that ObamaCare will turn into single payer insurance for everyone, whether you want it or not.

✔ What is unprecedented is that my right to make my own choice on healthcare will be denied me, in order to pay for another American’s medical bills, for their wellness programs, for their abortions, for their birth control, for translators to be on hand for any ethnicity that might need it, and for 4,000 additional IRS agents to collect the payment and handout the punishment to those who refuse to join the club.

The Supreme Court Justices asked some interesting questions and/or made interesting comments last week in the legality hearing of ObamaCare. There are several ways to interpret the following quotes, but one thing is clear, some of the Justices understand that the vote was bought. Hefty prizes were offered to get both Congressmen and Senators onboard with a plan they would never vote for, without receiving a “gift” of millions of dollars for their Districts, bought and paid for by you and me.

CHIEF JUSTICE ROBERTS: The reality of the passage — I mean, this was a piece of legislation which, there was — had to be a concerted effort to gather enough votes so that it could be passed. And I suspect with a lot of these miscellaneous provisions that Justice Breyer was talking about, that was the price of the vote.

Put in the Indian health care provision and I will vote for the other 2700 pages. Put in the Black Lung provision, and I’ll go along with it. That’s why all — many of these provisions, I think, were put in, not because they were unobjectionable. So presumably what Congress would have done is they wouldn’t have been able to put together, cobble together the votes to get it through.

Democrats offered long-time Senator Ben Nelson (D-NE) a huge increase in Medicare for Nebraska, known as the Cornhusker Kickback, in exchange for his vote, considered to be the final vote needed for passage of ObamaCare. For awhile, it appeared that Nelson was going along with the buyoff, but the people he represented were outraged. Republicans and Democrats alike hated it. It was removed from the bill, but Harry Reid would have left the buyoff in the bill if he could have. Nelson, a once popular Senator was the least popular Senator in the entire United States. He announced his resignation. Democrats and Republicans alike hated the Cornhusker Kickback.
Justice Scalia said it aloud in the Court of the Supremes, the Cornhusker Kickback was bribery (from the transcript):

JUSTICE SCALIA: All right. The consequence of your proposition, would Congress have enacted it without this provision, okay, that’s the consequence. That would mean that if we struck down nothing in this legislation but the — what’s it called, the Cornhusker kickback, okay, we find that to violate the constitutional proscription of venality, okay?


JUSTICE SCALIA: When we strike that down, it’s clear that Congress would not have passed it without that. It was the means of getting the last necessary vote in the Senate. And you are telling us that the whole statute would fall because the Cornhusker kickback is bad. That can’t be right.


Scalia referred to the “venality” of the Cornhusker Kickback — essentially bribery of a public official. Of course Scalia was referencing it humorously to make a point about the court’s inability to decide what parts of the law should stay intact if another part is chopped out. (In other words, the court should not rewrite the law, by deciding what should last if the individual mandate is found unconstitutional. Congress should have to go back to the drawing board and fix it themselves, if they want to.)

Remember Obama offering Rep. Bart Stupak (D-Mich) rumored to have been offered a high-ranking, illegal, position somewhere (Navy Chief widely rumored) and then, a written Executive Order stating abortions would definitely not be paid for in ObamaCare. The EO came after The Stupak Amendment to the legislation was rejected by the Democratically controlled Senate.  That EO was probably the easiest act Obama has ever signed. He knew it was a lie – just signed a worthless piece of paper without a single intent of good will. He caused a man to vote for taking the life of a child by a promise from the President of the United States. It wasn’t even as good as the paper it was written on.

CNS News:

“So health care is basically done!” Tribe wrote to Kagan [now Supreme Court Justice Elena Kagan – then White House Counsel] in this message. “Remarkable. And with the Stupak group accepting the magic of what amounts to a signing statement on steroids!”

The “Stupak group” is a reference to then-Rep. Bart Stupak (D-Mich.), who led a group of House Democrats who had indicated they would not vote for the Patient Protection and Affordable Care Act if it permitted federal funds to pay for abortions. Stupak and his allies decided to vote for the bill, even though no additional language would be added to it prohibiting abortion funding, after President Obama agreed to sign an executive order the administration said would prevent federal funding from going to abortions.

It was all a lie, and Kagan lied under oath about her part in ObamaCare on her climb to the Supreme Court bench. These people are loathsome.

Yesterday I posted part of a column from Mark Steyn. He quoted Abraham Lincoln saying when the vital of policy of government is decided by decisions of the Supreme Court, the people have ceased to be self-governed. On the Supreme Court today, we have Justice Kennedy who is the swing vote. Four are strict constructionists and four are Liberal engineers of what they deem to be the better good (gaining Democrat votes). Then there is Justice Kennedy. We don’t know what he will do.

The reason Kennedy’s opinion matters is because we had a Congress which flew under the radar, refused Republican participation in the ObamaCare legislation, and were willing to go to any length to pass a bill they believed would gain them undying support at the polls. November of 2010 showed how false that was, and droves of Democrats went home to stay. A Congress adhering to its oath of office would never have passed ObamaCare, the unaffordable Patient Care Act. It’s a very sad time in America’s history. Very interesting – Senator Mike Lee gives a great explanation of exactly what happens at a Supreme Court hearing. This is fascinating. Read it at Blog@MoreWhat.

Others Talking About Obama’s Warning to the U.S. Supreme Court:

The Lonely Conservative – Obama Suddenly Has a Problem with the Unelected

Hot Air – Sure Hope the Supreme Court Doesn’t Do Something Unprecedented

Legal Insurrection – Hey Obama, know what else those unelected judges have?

The Lonely Conservative: Obama Goes all Alinsky on SCOTUS

Linked at Doug Ross and Larwyn’s Linx  in An Open Letter to President Barach H. Obama, Constitutional Scholar.

Posted by Maggie @ Maggie’s Notebook 


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  • Rumor has it that Obama was leaked the vote on Friday and it wasn’t 5-4 but like 7-2. He and his people are scared and thus his move to activist judges. I guess that as long as judges rule in his favor they aren’t activists. You cannot have it both ways.

    If he did get inside information you can bet that if it is known to the SCOTUS they might just vote it 9-0 against Obama just to teach him a lesson.

    • cali

      Of course the vote was leaked; Friday night just by coincidence Sebelius and, Sotomayer happen to be in the same restaurant having dinner; so I’m sure she leaked the vote.

  • He is setting the stage, in case Obamacare is struck down, as it should be. I fully suspect this will not be the only time we see him do this. If the ruling comes down against Obamacare, his language will probably be even stronger against that group of unelected people, who just happens to be the third branch of our government.

  • Geo

    The “Punk in Chief” takes another shot at SCOTUS on a day he holds a joint news conference with two foreign leaders. Just to prove there is NO level that a thug will sink too, especially one who cut his teeth on Chicago’s streets. I guess the shot he took at the Supreme’s at the State of the Union wasn’t enough.

    If this is proven start cranking up the “Impeachment” machine. Has a Supreme Court Justice ever been impeached? I don’t think so.

    The repubics had better double down on the “nerve” and “fortitude” meds.

    As Dan would say: C-O-U-R-A-G-E

  • Pingback: Obama Goes all Alinsky on SCOTUS: Channels FDR’s Outrage over Court’s Power | The Lonely Conservative()

  • Thanks for the link-luv Maggie. The credit for the content goes entirely to Senator Mike Lee. I recommend visiting his senate website on a regular basis. Senator Lee is one of the rare examples in Congress to provide some optimism for those of us who believe in our nation’s founding principles.

  • The so-called “constitutional scholar” who can’t even recall Marbury v. Madison… Liar. (But that’s “dog bites man” non-news, isn’t it?)

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