Barber: Failure to Overturn 'Obamacare' is Judicial Activism Through Omission

On today's "Faith and Freedom" radio program, Matt Barber and Shawn Akers were positively incensed by President Obama's "shameless attack on U.S. Supreme Court Justices," by which they meant his remarks from a few weeks ago that it would be "unprecedented" for the Supreme Court to  strike down health care reform legislation.

Despite the fact that President Bush made a very similar point during his presidency, Barber was particularly outraged at the idea that Obama would dare to call it "judicial activism" because, as he explained, not striking down health care reform would be judicial activism by omission:

Any judge that is not an Originalist is acting in a counter-constitutional manner. We have four Justices currently sitting, at least, on the bench of the United States Supreme Court that buy into this living, breathing model of the Constitution, that it is whatever we say it is whenever we say it is. So clearly this was a disingenuous portrayal of what is or what is not judicial activism on the part of this president. If the United States Supreme Court fails to overturn Obamacare, that would be judicial activism through an act of omission.

Filed Under