Obama’s Bold Remarks on Supreme Court Cases: Crossing the Line?

Wall Street Journal: “Among presidents in modern times, Barack Obama stands apart in the intensity of his remarks on Supreme Court cases, a soon-to-be published article in Presidential Studies Quarterly concluded.”

‘Mr. Obama added a new data point on Monday, saying at a news conference that ‘under well-established precedent, there is no reason’ the administration should lose a challenge to the Affordable Care Act pending before the court.’

‘On most occasions, presidents have only briefly noted the existence of a Supreme Court case. Mr. Obama, who taught law at the University of Chicago, has tended to go further, Mr. Collins and his co-author, University of North Texas professor Matthew Eshbaugh-Soha, found.”

“While there have been about 50 instances between 1953 and 2012 when presidents have mentioned pending cases, Mr. Collins said most presidential commentary has concerned decisions after they are announced. There are good reasons for that, he said.”

“When presidents discuss pending litigation, ‘they are violating this very strong norm of judicial independence, that presidents and other political actors shouldn’t get involved’ when the court is deliberating, Mr. Collins said. ‘It’s not done.’”

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