Actually, most of the pundits and commentators, including the Huffington Post, the New York Times, the Wall Street Journal, inter alia, missed the point. The president did not fumble the ball on this issue. Instead, what he did, both on Monday and again in his clarifying remarks on Tuesday, was to publicly communicate to Chief Justice John Roberts, and Justice Anthony Kennedy, the two who will most likely cast the deciding votes, to do what they do best, stick to the intent of the Framers of the Constitution and allow Congress to write the legislation that it collectively thinks is best for the public. This should not become a battle over the authority of each branch of our tripartite government; and it should not become a challenge to the court's power of judicial review.
To say that the issue should not be partisan among the justices is a waste of paper--it clearly will be. Cooler, more precedent-oriented heads should prevail. The president--without using Twitter, Facebook or other social media--used his 'bully pulpit' to call out Justices Roberts and Kennedy to not just do the right thing, but to do the constitutionally appropriate thing, whether it is politically correct or not.
Professor David L. Horne is founder and executive director of PAPPEI, the Pan African Public Policy and Ethical Institute, which is a new 501(c)(3) pending community-based organization or non-governmental organization (NGO). It is the stepparent organization for the California Black Think Tank which still operates and which meets every fourth Friday.
DISCLAIMER: The beliefs and viewpoints expressed in opinion pieces, letters to the editor, by columnists and/or contributing writers are not necessarily those of OurWeekly.