Judicial Smackdown: Obama Losing to the Supreme Court?

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Each year, America's school children learn about the three branches of government and how the Constitution sets up checks and balances so that no one branch will become too powerful.

But this year, there's been unusual tension between the executive and judicial branches, especially over President Barack Obama's health care law.

In April, Obama went so far as to warn the Supreme Court not to rule against his law that requires every American to have health insurance.

"Ultimately, I'm confident that the Supreme Court will not take what would be an extraordinary step of overturning a law that was passed by a strong majority of a Democratically elected Congress," Obama said.

Although the court's recent ruling on Arizona's immigration law is considered to be a partial Obama win, America's highest court has clearly smacked down the executive branch in a string of cases this year.

And that trend has drawn attention from both the left and the right.

Liberal scholar Adam Winkler calls it the "anti-Obama court."

Normally, Winkler explained, when the solicitor general argues for the federal government in front of the Supreme Court, the government wins nearly 70 percent of the time.

Yet, this year alone the court has ruled against the Obama administration more than half the time. Justices have rejected President Obama's positions on several important cases.

For example, the court ruled against allowing law enforcement to track cars by GPS, and another case that sought to diminish the rights of religious groups to hire and fire employees.

The court also rejected the president's stance on an Environmental Protection Agency case involving Mike and Chantell Sackett. The couple filed suit after the EPA declared their lot a restricted wetland and threatened a $37,000 a day fine until the land was restored.

"[We believed] that government's here to serve us, and they're not. They're coming into people's lives, turning them upside down, and making it to where you can't fight back," Mike Sackett said.

The court's ruling on President Obama's health care law could help determine just where this trend of executive vs. Judicial is going and how long it will last.

For more on the upcoming health care decision and the apparent battle between courts and the Obama administration, CBN News spoke with Robert Alt, senior legal fellow with the Heritage Foundation.

Click play to watch his CBN Newswatch interview, June 26.

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Heather Sells

Heather Sells

CBN News Reporter

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