Leading up to the Affordable Care Act's oral arguments at the Supreme Court, Jeffrey Toobin wrote a piece about DC Circuit Judge Brett Kavanaugh and his peculiar interpretations. Like Toobin's later smack-down of Justice Kennedy's questions during that oral argument, Toobin provides a smack-down of Kavanaugh in his March 26, 2012, piece. In that piece, he summarized Kavanaugh's 65-page dissent to the challenge of the Affordable Care Act, and he highlighted that Kavanaugh "appeared to offer some advice to the Republicans who are challenging Obama in the election this year." Essentially, the judge suggested that "even if the Supreme Court upholds the law . . ., a President . . . could refuse to enforce ACA because he 'deems' the law unconstitutional." Wait for it, wait for it . . . Toobin's next line: "That, to put the matter plainly, is not how it works." (emphasis added). Ha! Presidents don't get to decide whether the law is constitutional, rather, that happens to be the one job of the courts (regardless of how much the court tries to expand its job title). Toobin goes on to discuss the air of paranoia and misunderstanding and the danger of Kavanaugh (a judge who clearly is mistaken on the separation of powers) being appointed to the bench by a Republican president, but the best part was definitely the smack-down. Enjoy.
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