"We have not seen a court overturn a law that was passed by Congress, on a economic issue, like healthcare -- I think most people would clearly consider commerce -- a law like that has not been overturned at least since Lochner [vs New York, 1905]," Obama told reporters during the question-and-answer session of the Associated Press luncheon.Geez. How can this former editor of the Harvard Law Review not be aware of the New Deal laws that were struck down by the Supreme Court? Doesn't he remember perhaps hearing about the Court striking down both the NRA and the AAA? Those cases certainly involved economic issues.
For a guy who rode into office with Time Magazine morphing him into FDR, it is notable that he seems to be blocking any memory of those cases when the Supreme Court struck down eight of the New Deal laws. Perhaps he's just irritated that court-packing wouldn't go over any more in 2012 than it would have in 1937.
The Republicans must hope that he keeps talking like this. Every time he opens his mouth, he reveals both his crass political instincts and his level of ignorance of our nation's constitutional history.
It's even got to the point where judges in the Fifth Circuit are chastising DOJ lawyers and demanding a letter from the DOJ with their statement on judicial review. This should provide more entertainment.