re: #388 Gus 802

This is from a recent press briefing:

It’s a bit troubling to see Mr. Carney respond with “no” to the question, “Is this just a recognition that ultimately the courts would settle disputes like that?” This is simply not true since all legislation and law is subject or open to judicial review. It may not be “decided” in a court of law but there is no doubt that it will one day face a judicial challenge. Mr. Carney seems to have forgotten about the three branches of government.

I doubt he’s forgotten. His motives for not bringing it up are twofold:

1. The deal is between the president and Congress. Best to keep the focus there and talk about the compromise. Bring up judicial review could be taken (by someone who wanted to depict Obama in a bad light) as “sour grapes” and a hope that “unelected judges will do be what President Obama was too weak to do”.

2. It talk of judicial review would foster more of that utterly insane “Tenther” meme from Newt Gingrich, and that meme is not a path the president wants the GOP to go down. It would make an electoral victory for Barack Obama easier in 2012, but in the long run the whole nation would be the worse for it and I think both Carney and Obama understand this.