Romney smiles at Obama's 'judicial activism' charge
April 2nd, 2012
11:26 PM ET
11 years ago

Romney smiles at Obama's 'judicial activism' charge

(CNN) – Mitt Romney on Monday fired back at President Barack Obama, who earlier in the day described the largely conservative push on the Supreme Court to overturn the Affordable Care Act as "judicial activism."

Typically, conservatives level the partisan term at liberal justices whom they accuse of ruling based on political agenda, rather than the Constitution. In this case, Obama turned the criticism around.

"I just remind conservative commentators that for years, what we've heard is, the biggest problem on the bench was judicial activism or a lack of judicial restraint, that an unelected group of people would somehow overturn a duly constituted and passed law," the president said, adding he firmly believed the law will be upheld.

During an interview with Fox News on Monday night, however, Romney laughed when asked about Obama's comments.

"Isn't this wonderful to have a liberal talking about judicial activism?" Romney said.

He added that he found it puzzling the president was concerned the Supreme Court "might apply the Constitution to the bill he passed."

"The purpose of the Supreme Court is to make sure that Congress does not pass laws that are in violation of the Constitution," Romney said. "So judicial activism is not following the Constitution. Judicial activism is departing from the Constitution"

Romney continued: "If the president complains about a Supreme Court following the Constitution, he is coming from a different world than the world that the founders and the judicial history has described for America."

The Supreme Court's decision is expected to be made public in June.

Filed under: 2012 • Mitt Romney • President Obama • Supreme Court
soundoff (32 Responses)
  1. rs

    The very fact that George Bush picked two candidates for the Supreme Court so radical that the court now declares corporations as being like U.S. citizens and that they have even remotely similar 1st amendment rights shows how perverted Republicans have become.

    Sure, it makes great press for the "weak stream media" to parrot GOP claims that courts and judges engage in "judicial activism" when they support actual citizens and the rights of people, but is is amazing how quiet they are when the courts make "conservative" rulings like the ones we see today.

    The GOP no longer supports democracy.

    April 3, 2012 09:52 am at 9:52 am |
  2. Lyn

    Rommey let see who will have the last laugh, " President Obama 2012"

    April 3, 2012 09:58 am at 9:58 am |
  3. Andrew

    Judicial Activism is making decisions along party lines.

    April 3, 2012 10:02 am at 10:02 am |
  4. Rudy NYC

    The ACA is not forcing you to buy broccoli at the market. The law says that if you go to the market for some broccoli, that you should pay for it instead of forcing paying customers to share the burden of your costs. [ We need to distinguish between costs, health care and health insurance. The two are intermingled too often. ]

    Making "purchases" in the health care market is very different from buying broccoli at a vegetable market. Most people use health insurance to pay for the costs of health care. Some people claim that they do not need or use health care. They are wrong. If they were born in this country, then they most likely were born in maternity ward at a hospital and their mother under went some form of pre-natal care. The vast majority of people age and eventually die from some type of health ailment.

    The law says that you should be responsible for funding for your own care, instead of shifting that burden onto others who purchase health insurance or the taxpayers who pay federal income taxes. Rejecting the individual mandate means that you are forcing others to "purchase or pay" for the health care of those who do not purchase their own form of health insurance.

    April 3, 2012 10:03 am at 10:03 am |
  5. Tony

    Politicians like Romney always accuse others of doing something that they do themselves. Ask Romney. Republicans politicians like to label judges who overturn statutes enacted by legislatures as activist judges. Naturally, this does not mean their own judges cannot overturn statutes they don't like, such as Obama's health care law.

    April 3, 2012 10:06 am at 10:06 am |
  6. nagrom

    Hey Mitt If that is so then if the Supreme Court says no no Does that mean MA has to drop the Health Care reform too??? It would be fitting since you are the one that forced it on us here in MA. Another stone shot in the glass house. Put more of your money in off shore investments so you will pay even less in taxes. And why do you care about Health Care? Yours is paid 100%. Moron

    April 3, 2012 10:08 am at 10:08 am |
  7. Larry L

    The Republican Supreme Court just voted to make strip searches, including the "spread your cheeks" activity, totally up the the descretion of the local law enforcement officers. It was yet another 5-4 vote led by the Republicans who want more individual freedom and a less invasive government. So when you're stopped for speeding in Po-dunk Georgia, and the two bubbas have you naked in a room telling you to spread your cheeks, just think about the Republican Supreme Court. These are the same fat cats who will decide if America can have a healthcare system that gives everybody good healthcare. These is the same Republican Court that declared "corporations are people too" in the Citizen's Unnited debacle. This is the same Court who hand-jammed President Bush into office during the Florida voting scam. Make no mistake – the US Supreme Court is nothing more than a tool for the Republican Party.

    April 3, 2012 10:15 am at 10:15 am |
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