The Supreme Court’s Big­gest Loser: Barack Obama

The Washington Times Weekly - - Commentary - BY CHARLES HURT

Sum­mer is hot upon us, an­other Supreme Court term is end­ing, and now it is time to eval­u­ate Amer­ica’s most tu­tored — and tor­tured — con­sti­tu­tional law stu­dent. It is un­usual for a pupil of the Con­sti­tu­tion to have such ex­haus­tive con­tin­u­ing ed­u­ca­tion cour­ses, with such ar­du­ous nine-on-one tu­tor­ing from the fore­most ex­perts in the en­tire world. It is es­pe­cially un­usual since the pupil in ques­tion has ac­tu­ally had a con­sti­tu­tional law de­gree con­ferred upon him by an es­teemed Ivy League in­sti­tu­tion and lec­tured on con­sti­tu­tional law at an equally es­teemed in­sti­tu­tion of higher learn­ing.

In­deed, this is no or­di­nary stu­dent. This is a very spe­cial stu­dent with very spe­cial needs. Nine pa­tient teach­ers. Lim­it­less free school sup­plies. And a class size of one.

Yet still, he can­not seem to grasp the most el­e­men­tary con­cepts of con­sti­tu­tional law.

This would all be just kind of sad and as piti­ful as if we were talk­ing about how many times John-John Kennedy failed the New York bar exam, ex­cept that here we are talk­ing about the most pow­er­ful man on earth. A man who be­lieves he knows the Con­sti­tu­tion bet­ter than any man to pre­vi­ously oc­cupy the pres­i­dency. Just ask the White House.

The lat­est Supreme Court smack­down came this week over whether the federal govern­ment has the author­ity to force a per­son to pro­vide em­ploy­ees with con­tra­cep­tives that run afoul of his re­li­gious be­liefs. The White House re­sponse was about as funny as it gets for a dis­cus­sion about con­sti­tu­tional law.

“Well, as the con­sti­tu­tional lawyer who sits in the Oval Of­fice would tell you, he would read the en­tire de­ci­sion be­fore he passed judg­ment in terms of his own le­gal anal­y­sis,” mouth­piece Josh Earnest said.

For you kids out there un­fa­mil­iar with le­gal process or the terms used when run­ning for po­lit­i­cal cover, that state­ment from Mr. Earnest was po­lit­i­cal legalese for, “What’chu talkin’ ‘bout, Wil­lis?”

He is hop­ing that (A) you will be im­pressed when he says “con­sti­tu­tional lawyer who sits in the Oval Of­fice”; and (B) you will for­get the whole ques­tion by the time Pres­i­dent Obama has got­ten around to read­ing the “en­tire de­ci­sion,” which, of course, he never will — just to be on the safe side.

Cut Mr. Earnest some slack though. It is his first week on the job. The pres­sure is es­pe­cially high be­cause he was, ac­cord­ing to the Bureau of La­bor Sta­tis­tics, the only Amer­i­can in the en­tire coun­try who got a new job last week.

But you know who should not be cut any slack? The pres­i­dent of the United States of Amer­ica, Barack Obama.

That is be­cause he is, as he is con­stantly re­mind­ing us, a con­sti­tu­tional lawyer with a con­sti­tu­tional law de­gree who taught con­sti­tu­tional law classes to univer­sity stu­dents that paid some­where north of $60,000 a year in tu­ition for his great tute­lage.

Tute­lage, it turns out, that has the stand­ing of cooked spaghetti when it gets in front of the ac­tual Supreme Court.

Mr. Obama has been re­jected, slapped down, over­turned, tossed out, ridiculed and laughed out of the court­room so many times that Sens. Mike Lee of Utah and Ted Cruz of Texas — gen­uine con­sti­tu­tional schol­ars — don’t keep count. They only keep count of the num­ber of times Mr. Obama has been unan­i­mously re­buked by the Supreme Court.

That means all four Demo­cratic jus­tices — in­clud­ing the two nom­i­nated by Mr. Obama him­self — side with the five Repub­li­cans in or­der to smack down some crazed, power-drunk gam­bit by this pres­i­dent. Oh, how it must burn a trans­ac­tional politi­cian like Barack Obama to have his own jus­tices re­buke him!

At last count, he has suf­fered 12 such hu­mil­i­a­tions. This earns Barack Obama the much-heck­led award for Supreme Court’s Big­gest Loser.

At this rate, he is on track to re­tire that ti­tle for life.

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