You're watching...
“Red Eye” Ombudsman Andy Levy on Obama’s comments that if the Supreme Court overturned the health-care law it would be “unprecedented.”
Also in this playlist...
Auto-advance: ON
Auto-advance
This transcript is automatically generated
-- after the president wrapped up his assault on congress' budget plan today.
He turned his sites.
On the last branch of government the Supreme Court he elaborated on his warnings from yesterday that striking got Obama care would be unprecedented that's what he calls it.
Now suggesting that the court couldn't be taken seriously if they do yet.
But the courts are taking it sitting down the fifth Circuit Court of Appeals today handing a homework assignment to the Obama administration.
Submit three page single space letter by noon Thursday -- -- the president actually questions the supreme court's authority -- back.
Joining me now and really be on budget for the red -- how do you read and react to this that -- that -- Circuit Court making the statement where you you're actually right.
They told them it you know they asked the lawyer.
Does your administration did -- do you understand the concept of the role of the courts.
And and the -- said yes and after correctly you know -- -- Madison whatever.
But then that that -- said we don't care you've got to submit that's what was it just like a three page single spaced.
The Paper to -- by noon on Thursday you're actually right it's a whole Markus on its punishment they're -- -- homework assignment as governor is talking about us like that again back.
And it's you know this is an administration.
President Obama the former constitutional law professor how embarrassing is this that he now has -- his administration -- to prove it understands the role of the courts -- this is unbelievable.
Shocking and and and sort of amusing really -- this whole thing got started by Obama talking about.
What the Supreme Court should be doing here is the president.
I have enormous confidence.
That in looking at this -- not only is -- constitutional.
But.
That the court.
Is going to exercise its jurisprudence -- as a consequence we're not spending a whole bunch of time planning for contingencies.
Yes I -- just mystified by this because you're sitting president.
That a signature piece of legislation that's being tested and -- of the highest court in the land so you wouldn't sell them.
You Tug on Superman's cape you spit in the window -- I'm shocked he would do that yet it.
Makes no sense -- that the thing is the only way it makes sense is.
I guess politically you're laying the ground work now for the 2012 campaign.
And you're gonna run against the Supreme Court and -- the Supreme Court to Republicans and say it was a five.
Quote unquote conservative or Republican justices look these people don't want you to have health care.
That's what he's doing here but he's making a big mistake he's opening to add to use horrible -- used to say he's opening a huge can warms.
By setting this kind of precedent for -- a president.
To go after Supreme Court before a decision has even been handed down.
It it's it's not -- All right so this is the first time it's happened either.
He angered the Supreme Court members back on -- January 272010.
State of the union here's the president.
Last week the Supreme Court reversed a century of law.
That I believe will open the floodgates.
For special interest including foreign corporation.
Could spend without limit.
-- was Justice Alito shaking his head no Mr.
President you don't have -- right.
Want it -- his home with the Supreme Court I don't get it I think I think -- you looking for is -- Hence I think it's just.
It's this sort of it's it's this belief that if I say it's constitutional or I think it's constitutional how dare you say otherwise I'm a former constitutional law professor I know what I'm talking about.
Except that as we've seen in the past couple days he kind of doesn't know he's talking about or more to the point doesn't even care.
That.
I think I think he does know that what he's saying is an accurate but he doesn't care he's more concerned with the politics and that's just that's.
-- -- -- -- Well first of all he said.
That if the court overturned law would be on -- would be unprecedented.
Which it wouldn't be that's that court's job is you know one of its -- to look at federal law.
And say hey this is unconstitutional and that -- -- each you know three Margaret -- Madison.
Every high school student in the country knows that you would think -- the president United States again former constitutional law professor.
Would know that.
He said that the law was.
Passed by huge overwhelming majority.
The past was it nineteen to 212 and house -- you know not all -- -- And and a lot of polls I think almost every polish on -- -- majority of Americans actually want it repealed.
So he's getting he's getting factual stuff wrong.
Hi Ed and what he's doing is a lot more unprecedented than than what the court would do if it overturned the law.
Because typically presidents don't speak out like this yeah even if they disagree with the Supreme Court and particularly not before you have a roulette.
I guess.
You know people get up seven they might rule against you if you anyway I don't.
I wanna ask you this question because we were in Washington for the spring or hearings was one of the most fascinating things I've ever seen.
I learned there from senator leave that what happens is the Friday after you have the hearing this report sits down and they take -- well right.
They know the answer the question before we do they know how this whole thing is gonna come out -- you think anybody in the Supreme Court -- told the president you think.
Maybe this is just the president being angry casino he knows he's colossus argument it's possible I've heard rumors you know I think we've all we've all heard rumors that there -- some kind of weak and that the president does not I don't know if that's true or not.
Regardless it's it's it's bad who due to be doing what he's doing you don't.
You know -- At least wait for the decision to come down and even then.
Issue a statement saying I respectfully disagree with what the courts said don't turn the Supreme Court into a political football because all you're doing.
-- effectively turning the constitution into political football and you shouldn't you.
Well you -- the house is asserting that they don't have a backup plan if this laws overturned.
Loops I mean we have back up plans for backup plan -- coming up backup plans in case Ireland -- very East Coast I mean you know.
Yeah I don't know how you don't have a -- plan for something that has as part of its law that the commerce clause gives you the power to order people to purchase something that's you know.
There was always a chance that wasn't gonna fly and to not have a back up plan is just it's war plan -- clearly not listening to Nancy Pelosi right.
I often make that mistake -- aren't well Annie -- always.
-- -- -- -- -- -- -- -- --
