USA TODAY US Edition

Obama warns court on health care law

Says overturnin­g it would show ‘judicial activism’

- By Richard Wolf and David Jackson USA TODAY

WASHINGTON — President Obama cautioned the Supreme Court against overturnin­g his landmark health care law Monday, a move he said would be “unpreceden­ted” and “extraordin­ary.”

In his first comments on the court’s historic oral arguments last week, Obama said a decision to reverse the actions of Congress would be “judicial activism,” which conservati­ves usually oppose.

“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,” the president said.

“And I’d just remind conservati­ve commentato­rs that for years what we’ve 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 and not take that step.”

Obama’s comments came during a news conference at the White House with Mexican President Felipe Calderón and Canadian Prime Minister Stephen Harper after a summit of the three North American leaders.

Obama had been in South Korea during the court’s three-day considerat­ion of the law, which was narrowly passed in 2010 by a majority of Democrats in the House of Representa­tives and Senate over Republican­s’ objections.

Obama predicted the justices would uphold the law, despite strong reservatio­ns voiced by four conservati­ve justices about its requiremen­t that most Americans buy insurance or pay a penalty. A fifth justice, Clarence Thomas, is widely expected to vote against the “individual mandate.”

Conservati­ves quickly shot back at Obama’s comments. “It must be nice living in a fantasy world where every law you like is constituti­onal and every Supreme Court decision you don’t is ‘activist,’ ” said Sen. Orrin Hatch, R-utah, former chairman of the Senate Judiciary Committee.

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