Government

Carney Tries to Clarify Obama’s SCOTUS Criticism: A ‘Statement of Fact’

White House Press Secretary Jay Carney has put to bed any idea that the White House might further provoke the federal judiciary by refusing to respond to the 5th Circuit Court‘s call for a clarification of the White House’s position on judicial review. In a press conference today, Carney said the White House would indeed be responding, and tried to offer further clarification on the issue:

“What the president said both yesterday and the day before was — what he did was make an unremarkable observation about 80 years of Supreme Court history,” he said. “Since the 1930s, the Supreme Court has without exception deferred to congress when it comes to Congress’ authority to pass legislation to regulate matters of national economic importance such as healthcare. Eighty years plus. That is an observation and not a particularly remarkable one. It is a statement of fact.”

You can watch the video of Carney’s remarks below:

With any luck, the brief the administration will release will also take some time to clarify the president’s remarks on Lochner v. New York – an infamous case frequently used as shorthand for judicial activism in legal circles (cases that involve judicial activism are referred to as “Lochnerizing”).

However, as the Volokh Conspiracy has pointed out, Lochner is completely irrelevant to the Obamacare issue, because Lochner dealt with the issue of whether state governments can impose economic regulation. If the case revolved around Romney’s Massachusetts health care law, this would make sense, but not a federal law, since it has never been seen as Lochnerizing to second guess the federal Congress.

Comments (95)

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  • Fishmanone
    Posted on April 4, 2012 at 5:04pm

    Carney is such a dweeb!!!!!!!!!!!!!!!!!

    Report Post »  
    • Paul
      Posted on April 4, 2012 at 5:17pm

      “Art Carney” Would have done a better job …

      Another one of barry islama’s Court Jesters….

      Report Post » Paul  
    • My Two Cents
      Posted on April 4, 2012 at 5:48pm

      Where I come from we refer to what Carney does as crawfishin.

      He seems to do a lot of it these days.

      Report Post »  
    • ChildofJesus
      Posted on April 4, 2012 at 6:16pm

      More like a sociopath like his boss.

      Report Post »  
    • Snowleopard {gallery of cat folks}
      Posted on April 4, 2012 at 7:10pm

      Carney is parroting what the admin wants made public; the fact is Kaiser Obama showed his true face and desires/intentions with the warning to the SCOTUS the other day; he will use any defeat of Obamacare to strike at them and the Constitution without mercy, having established in his mind a clear precident to be rid of a ‘dead, useless, Constitution of negative liberties’ that stands in his way.

      Watch for his full wrath to be unleashed from a suprise direction when Obamacare goes down in flames.

      Report Post » Snowleopard {gallery of cat folks}  
    • fangbanger
      Posted on April 4, 2012 at 8:15pm

      so let me get this straight. ever since fdr and the progressives colluded in the 30s and 40s to expand the commerce clause from dealing with only interstate commerce to essentially all commerce by intimdating the court, successfully i might add, it has become tradition for the sc to defer to the legislative and executive branch when they pass a bill. is it not the sc’s job to determine if the bills passed by congress and signed by the president are constitutional? and if they are not to strike them down? if not then what is the point of having them?

      Report Post » fangbanger  
    • blackyb
      Posted on April 4, 2012 at 11:35pm

      Obama had the audacity to say “because only a handful of people did not understand….” He is now saying this Supreme Court Justice who insisted on the expaination is at fault because he did not understand? Obama thinks he is so above everyone else. I am not a Supreme Court Judge and I understood perfectly what he said. He wants to blurr the lines betwee the Jusices and Administrative where he calls the shots. That is as good an explaination to what he means and where he is going with this. Obama is a danger to this Republic and it cannot be said enough.

      Report Post » blackyb  
    • Bill Rowland
      Posted on April 5, 2012 at 8:00am

      Watch the other hand. While the media is tied up by Sweet Old Baracks comments (threats?) what is Holder up to? These guys are masters of manipulation so ther has to be something that this tempest in a teapot is hiding.

      OMG 2012

      Report Post »  
    • johnjamison
      Posted on April 5, 2012 at 12:04pm

      That is just an accidental slip of Obama showing what his second term will be like. An all out attack on anyone who disagrees with him.

      Report Post »  
    • West Coast Patriot
      Posted on April 5, 2012 at 1:39pm

      I am beginning to get very nervous on the direction of this country. I have been a Republican for 36 years, and am a veteran, but the so-callled conservatism we are experiencing anymore is horribly wrong. Watch this reality check and you will see that so-called conservatives are ruling in a fascist manner. Not ruling for individual liberty guaranteed by the Bill of Rights, but on collectivist reasoning. Shameful. http://www.youtube.com/watch?v=-TcYyzrzlDg&feature=youtu.be

      We need to stop looking at strict party lines and start looking at candidates that ensure the survival of the Constitution or we will lose all freedom.

      Report Post » West Coast Patriot  
  • Exrepublisheep
    Posted on April 4, 2012 at 5:01pm

    Palin/Romney/RNC etc… ALL complained about unelected officials making public policy. John Stewart was right on (again) showing footage of repubes AND demoncrats saying exactly that.

    Report Post » Exrepublisheep  
    • Baddoggy
      Posted on April 4, 2012 at 5:14pm

      This is about SCOTUS you dumb Fk…
      And the Republicans were talking about the Czars.
      Are you really that stupid?
      Dont hurt yourself thinking of the answer to that question.

      Report Post » Baddoggy  
    • Madmilo
      Posted on April 4, 2012 at 5:16pm

      Go away troll.

      Report Post » Madmilo  
    • My Two Cents
      Posted on April 4, 2012 at 5:59pm

      Is there a point to your post?

      Report Post »  
    • spirited
      Posted on April 4, 2012 at 6:11pm

      @BADDOGGY: You are good.

      ;^ )> very.

      Report Post » spirited  
    • SoupSammich
      Posted on April 4, 2012 at 6:19pm

      Kagan and SotoMayor are the poster hags for judicial activism. Kagan should have recused her/itself and shows zero hope for anything but selective lefty agendas. Soto is all about the fem and latina made up rights. Sad little people. Baaah, baaaah. Come on November.

      Report Post »  
    • Seneca
      Posted on April 4, 2012 at 8:03pm

      Oh, Stewart said it? Then IT MUST BE RIGHT!
      Try, just try to turn the comedy channel off and join the world for a moment. HOW IN THE WORLD CAN SOMEONE HONESTLY QUOTE JON STEWART to ty to drive a point across?!!?

      Report Post » Seneca  
  • jakartaman
    Posted on April 4, 2012 at 5:00pm

    Its gonna get Ugly
    Obama is gonna come out swinging – like a little kid having a temper tantrum
    Romney had best get himself a real meat eater as a VP and get to a Gym.
    The MSM and all the lefty loonies are gonna go nuts in June through the election.

    Report Post »  
  • Trance
    Posted on April 4, 2012 at 4:59pm

    80 years on healthcare issues? Roe V. Wade was 40 years ago…

    Report Post » Trance  
  • I.Gaspar
    Posted on April 4, 2012 at 4:56pm

    Carney should be horsewhipped for being so goebellsesque.
    And now the impeachment of obama should begin.

    Report Post »  
  • 65Mustang
    Posted on April 4, 2012 at 4:54pm

    When you become a mouthpiece for the lying commander-in-chief, you have sold your soul to the devil. The money, that the weasel Carney makes, can not be that good.

    Report Post »  
  • TH30PH1LUS
    Posted on April 4, 2012 at 4:51pm

    Jay Carney,

    I‘m guessing you won’t be asked to contribute to that “letter of explanation” for the 5th Circuit Court of Appeals?

    LOL

    Report Post » TH30PH1LUS  
  • georgepatton
    Posted on April 4, 2012 at 4:50pm

    Obammy is a classic sociapath!!!!!!!!!!!!!

    Report Post »  
  • warr9553
    Posted on April 4, 2012 at 4:48pm

    what a little smartass brown nose wessal

    Report Post » warr9553  
  • wordweaver
    Posted on April 4, 2012 at 4:43pm

    Nice try, Jay, but that isn’t what he said. I know your job lately has been to put the best spin possible on POTUS’s daily gems, but there was nothing you could do with this one. Like strapping wings on a pig – it ain’t gonna fly.

    Report Post » wordweaver  
  • mjgma
    Posted on April 4, 2012 at 4:42pm

    The fact that Carney says these things with a straight face is remarkable and to be commended.

    Report Post » mjgma  
    • Blackhawk1
      Posted on April 4, 2012 at 4:52pm

      Mr. Claire Shipman (Carney) has to keep a straight face when lying, it‘s a talent he picked up from his wife and is required to be Obama’s lackey.

      Report Post » Blackhawk1  
    • Lotus503
      Posted on April 4, 2012 at 5:04pm

      Whatever he is being paid for shovelling all of that Obama fertilizer…it can’t be enough…

      Report Post »  
  • youdidthis
    Posted on April 4, 2012 at 4:42pm

    be glad to watch this little worm hang.

    Report Post »  
  • blackyb
    Posted on April 4, 2012 at 4:40pm

    He was smart enough to possibly get into office and not be eligible and be sitting in the highest seat of this land. That has not been done before either. Where are the watchdogs? Playing computer games and texting? Maybe drunk or on drugs of some kind? He stands before our U.S. Supreme Court denigrating their positions like he has a right to tell them what to do because he was elected and they appointed. They owe him nothing but Justice.

    Report Post » blackyb  
  • 321481
    Posted on April 4, 2012 at 4:37pm

    I think one of Obama’s appointees to the Sup. Crt. told him that it didn’t look good for ObamaCare and Obama went into his Sup. Ct. rant. He actually let all know how he actually feels about our system of government. Obama is truly a marxist that has deep distain for the Constitution even tho he taught it at Harvard no less. After seeing the way Obama is I really wonder the way he taught Consitutional Law, I am sure he slanted his lectures to reflect his personal bias. Carney is the spin man for Obama, he doesn’t do a good job of the spinning, but maybe that is because people are on to Obama.

    Report Post »  
    • I.Gaspar
      Posted on April 4, 2012 at 4:47pm

      If kagan or sotomayor leaked to him they should be impeached, imprisoned, and never be allowed to work again.
      Hmmm…I guess the same could(should) be said about obama.

      Report Post »  
    • Baddoggy
      Posted on April 4, 2012 at 5:17pm

      @i.gaspar…
      I am a dreamer too…….

      Report Post » Baddoggy  
    • I.Gaspar
      Posted on April 4, 2012 at 7:43pm

      Baddoggy,
      Treason, too…and sadly, since obama got here, most of my dreams are nightmares.
      But in a perfect world he’d already be in prison.

      Report Post »  
  • carolewash
    Posted on April 4, 2012 at 4:36pm

    I think they missed the point. He(Obama) threatened the Judges, plain and simple now they are trying to wiggle out of it with double speak. Its not about any case, its about a threat, (do it or else) of course he never said what the what else will be, one can only wonder. If I were a judge I would have him up on charges of intimidation of a federal official. Go to any DMV and see all of the signs pertaining to that, and they aren’t judges they are just clerks.

    Report Post »  
  • Donald
    Posted on April 4, 2012 at 4:34pm

    I am a progressive
    Your a progressive
    Wouldn’t like to be a progressive too

    Report Post » Donald  
  • susie4dy
    Posted on April 4, 2012 at 4:31pm

    God Help us it the nutjob get re-elected!

    Report Post » susie4dy  
    • SimpleTruths
      Posted on April 4, 2012 at 4:47pm

      better start praying now if I were you. He might as well be sworn in next week, it’s already over.

      Report Post » SimpleTruths  
    • SoupSammich
      Posted on April 4, 2012 at 6:22pm

      Not even close, we will have to see every last illegal and dead citizen’s ballot first. Not even a decent attempt at trolling. Isn’t there a troll night school or internet college you could maybe Pell into? Work on it, really slack and actually mirrors much of the left’s attempts at much. Who’s fault is it that your trolling is so lacking?

      Report Post »  
  • SpankDaMonkey
    Posted on April 4, 2012 at 4:29pm

    .
    You got to give it to him. He can lie his ass off. You can try to convince us about what Barry ment, but that’s like putting lipstick Wasserman-Schultz, it Ain’t gonna do no good…….

    Report Post » SpankDaMonkey  
    • Zoe
      Posted on April 4, 2012 at 4:35pm

      How much loner long till this guy can’t stomach going point for the facade At Penn Ave?

      Report Post » Zoe  
  • HKS
    Posted on April 4, 2012 at 4:28pm

    That was about as lame an attempt to duck and jive as I have ever seen, Pitiful, just Pitiful.

    Report Post » HKS  
  • pap pap
    Posted on April 4, 2012 at 4:27pm

    Obama supposed to be a Constitutional Law teacher.How can you teach something that you have no respect for ? Probably the only thing that he taught his students was how to get around the constitution.

    Report Post »  
  • Zoe
    Posted on April 4, 2012 at 4:25pm

    Dear Mr. President,

    Addressing you as Mr. President is the last ounce of respect I have for you. All that has spewed from your mouth resembles that of tyranny and not the leader of the United States of American.

    You sir are a traitor, Speak for yourself & lead.

    You mouth piece is full of chicken droppings!

    Report Post » Zoe  
  • Turtleman
    Posted on April 4, 2012 at 4:25pm

    Why is it a fact? “Because I said so!”
    Nuff said.

    Report Post »  
  • IndyGuy
    Posted on April 4, 2012 at 4:25pm

    Carney is a fitting name…He reminds me of the dishonest carnies that run the ripoff games at the carnival…

    Report Post » IndyGuy  
  • contkmi
    Posted on April 4, 2012 at 4:23pm

    They get more and more pathetic each time they open their mouths. Lies, lies and damnable lies.

    Report Post » contkmi  
  • AquaBuddha
    Posted on April 4, 2012 at 4:23pm

    So, in one week, Mr. Obama got caught whispering promises to our enemy, incited a race war, raised serious questions about his understanding of the Constitution, gave away our allies classified information and then got smacked down over his proposed budget that was so wildly reckless that even Democrats in Congress could not support it.
    This my friends is supposed to be a smart man.

    Report Post »  
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