A new concept - “Lobbying” the Supreme Court

Decisions made by the United States Supreme Court often go unnoticed, and it is even more rare that the American public is either aware of or engaged in the process the Court uses to come to it’s decision. Last week was an uncommonly historical week as much of the nation found itself enthralled in the details of the Court’s three days of oral arguments regarding the various aspects of the “Obamacare” healthcare legislation. Today, something perhaps even more rare and historical occurred – the President of the United States openly lobbied and pressured the Court to decide in his favor in these cases. It is not unusual for the public to be well aware of a President’s opinion regarding the constitutionality of legislation being reviewed by the Court – especially when it is legislation that was championed by that President or his party – but President Obama’s bold statements, made during the course of the Court’s deliberations, are nearly unparalleled. One can’t help but be reminded of Franklin Roosevelt’s “court packing” proposals and wonder what President Obama has in mind next. At the very least, he gives easy fodder to those who claim he will stop at nothing to promote his agenda.

Of course, such discourse with the Court is not unheard of for this President. In his 2010 State of the Union address, Obama famously called out the Court for the Citizen’s United decision involving campaign finance. Many referred to Obama’s comments in 2010 as a significant breach of decorum. The comments famously led Justice Alito to mouth “not true”, giving both political parties ample ammunition for criticism.

What’s concerning about these actions by the President is that they reflect an overall lack of limits in the extent to which the President will reach to push his agenda. Not since Franklin Roosevelt has a President been so willing to step out of the bounds of the separation of powers and actively attempt to lobby the Supreme Court on pending matters. At the very least, it seems distasteful and disrespectful to call out the Court regarding a pending matter. At worst, it shows the intent of a President who believes that his ideals are more important that the boundaries set forth by the Constitution. If the Court does, indeed, decide against Obamacare, the President’s reaction to such a decision will be very telling regarding his opinion of the system of checks and balances put in place by our founding fathers.