Sen. Mike Lee (R-UT) Calls Out Obama and Senate Dems For Trying to Bully Supreme Court on ObamaCare Case

Below is an excerpt from a speech given on the Senate Floor today by U.S. Senator Mike Lee (R-UT) in response to public comments by President Obama and Senate Democrats – including Senate Judiciary Committee Chairman Patrick Leahy (D-VT) – about the Supreme Court as it deliberates over the ObamaCare case.  These comments are clear efforts to intimidate and bully the court as it decides the landmark case.  Senator Lee called the bullies out today.  He was joined by Senate Judiciary Committee Ranking Member Jeff Sessions (R-AL), Sen. John Cornyn (R-TX), Sen. Chuck Grassley and Sen. Jon Kyl (R-AZ) who all made similar comments.

“MR. PRESIDENT, I STAND TODAY TO RESPOND TO WHAT I BELIEVE ARE IRRESPONSIBLE AND DANGEROUS ATTACKS ON THE LEGITIMACY OF THE SUPREME COURT OF THE UNITED STATES. …

“IN RESPONSE TO THESE FALSE AND FRANKLY RECKLESS STATEMENTS, I WOULD LIKE TO MAKE THREE POINTS. FIRST, ATTEMPTS TO MANIPULATE OR TO BULLY THE SUPREME COURT, ESPECIALLY DURING DELIBERATIONS IN A PARTICULAR PROCEEDING, ARE IRRESPONSIBLE AND THEY TEND TO THREATEN THE VERY FABRIC OF OUR CONSTITUTIONAL REPUBLIC. … [I]T IS SIMPLY INAPPROPRIATE FOR ELECTED REPRESENTATIVES, WHO THEMSELVES HAVE SWORN AN OATH TO THE CONSTITUTION, IN THE SPIRIT OF PARTISANSHIP TO QUESTION THE HONESTY AND IMPARTIALITY OF OUR NATION’S HIGHEST COURT IN WHAT COULD BE PERCEIVED AS PART OF AN EFFORT ON PART OF THOSE ELECTED POLITICIANS TO INFLUENCE A CASE PENDING BEFORE THE SUPREME COURT. …

“SECOND, CRITICISMS OF THE WELL-ESTABLISHED PRINCIPLE OF JUDICIAL REVIEW GROSSLY MISREPRESENT HOW OUR CONSTITUTIONAL REPUBLIC FUNCTIONS. PRESIDENT OBAMA AND SOME MEMBERS OF THIS BODY HAVE SUGGESTED THAT THE JUDICIARY, WHICH THEY SOMETIMES DENIGRATE AS A GROUP OF UNELECTED PEOPLE, SHOULD SIMPLY DEFER TO CONGRESS. BUT OF

COURSE EACH BRANCH OF GOVERNMENT, INCLUDING THE JUDICIARY, HAS AN ESSENTIAL DUTY UNDER THE CONSTITUTION TO POLICE ITS OWN ACTIONS, TO MAKE SURE THAT ITS OWN ACTIONS COMPLY WITH THE TEXT, THE SPIRIT, AND THE LETTER OF THE CONSTITUTION. CONGRESS AND THE EXECUTIVE BRANCH SHOULD POLICE THEMSELVES TO MAKE SURE THAT THEY DON’T TRANSGRESS THOSE LIMITS. BUT WHEN THE POLITICAL BRANCHES HAPPEN TO OVERSTEP THEIR OWN BOUNDARIES, THEIR OWN LEGITIMATE LIMITS, AS I BELIEVE HAPPENED WITH THE INDIVIDUAL MANDATE, THE SUPREME COURT CAN AND INDEED MUST ENFORCE THE CONSTITUTION. …

“THIRD AND FINALLY, IT SIMPLY IS NOT THE CASE THAT A COURT CAN PROPERLY BE DESCRIBED AS ACTIVIST JUST BECAUSE IT ENFORCES THE CONSTITUTION’S STRUCTURAL LIMITS ON

FEDERAL POWER.”