Appearing on the Fox Business Network with host Gerri Willis, Fox News Channel’s Red Eye co-host Andy Levy said that President Obama has been willfully inaccurate in recent days regarding the constitutionality of the Affordable Care Act and has behaved in ways which are “a lot more unprecedented than what the Court would do if it overturned the law.”
Willis played a clip of President Obama responding to a question on Tuesday about his comments from Monday in which he admonished the Supreme Court to exercise restraint while considering the health care reform law. Willis found the president’s scolding of the Court’s justices inexplicable.
“I’m shocked he would do this,” said Willis.
“The only way it makes sense is if politically you’re laying the groundwork now for the 2012 campaign and you’re going to run against the Supreme Court and tie the Court to Republicans,” said Levy. “For a president to go after the Supreme Court before a decision has even been handed down – it’s not good.”
Willis said that this is not the first time President Obama has chided the Supreme Court justices and played a clip of the 2010 State of the Union address in which he scolded the justices for their decision in the Citizens United case. Again, Willis was incredulous as to the president’s motives.
“I think the answer you’re looking for is arrogance,” said Levy. “I think it’s just – it’s sort of this belief that if I say it’s constitutional, 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, from what we’ve seen the past couple of days, he kind of doesn’t know what he’s talking about or, more to the point, doesn’t even care that – I think he does know that what he’s saying is inaccurate, but he doesn’t care. He’s more concerned with the politics.”
“What did he get wrong,” asked Willis.
“Well, first of all he said that if the Court overturned the [health care reform] law it would be unprecedented, which it wouldn’t be,” Levy responded. He went on to cite Marbury v. Madison which established the principle of judicial review. “Every high school student in the country knows that. You would think the President of the United States, again a former constitutional law professor, would know that.”
Levy continued, “he said that the law was passed by a huge, overwhelming majority. I think it passed, was it, 219 – 212 in the House…”
“A lot of polls, I think almost every poll, showing a majority of Americans actually want it repealed,” said Levy. “So, he’s getting factual stuff wrong. What he’s doing is a lot more unprecedented than what the Court would do if it overturned the law.”
Watch the full segment from Fox Business Network below:
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