(NationalSentinel) Whenever Republicans would challenge many of President Barack Obama’s executive actions as unconstitutional, his defenders in the political realm and the establishment media would regularly point out that he was once a “constitutional law professor” and as such, was the resident expert on the matter.
But in practice, Obama’s record of upholding the Constitution as head of the Executive Branch was abysmal; in fact, according to a new study, his record was the worst in modern history.
President Barack Obama had the worst record before the Supreme Court in modern history, losing half of the cases argued before the High Court in his two terms, according to a new study.
While liberals point to legalizing same-sex marriage and the upholding of Obamacare subsidies as cementing the former president’s legacy, the study reveals Obama had a much weaker record with the Supreme Court than previous presidents.
What’s even more interesting is who conducted the study:
The academic study written by Washington University professor Lee Epstein and University of Chicago law professor Eric Posner found Obama had the “worst record of any President” since Franklin D. Roosevelt. In fact, his presidential performance before the Supreme Court “may be the worst since the Zachary Taylor administration” in the 19th century.
“To assess presidential performance in the U.S. Supreme Court, we created a dataset of cases of concern to the president,” Epstein and Posner wrote in their study. “The dataset covers Presidents Franklin D. Roosevelt through Barack Obama (1932-2015 terms), which amounts to 84 Court terms and 13 presidents.”
The results were that presidents “prevailed in nearly two-thirds of their cases; and captured over 60 [percent] of all votes cast.”
But Obama’s success rate is “significantly lower” at just 50.5 percent, the lowest Epstein and Posner found.
“A few commentators have noticed Obama’s problems in the Court, attributing them to Obama himself,” they said.
Part of Obama’s record has to be attributed to the fact that he likely knew ahead of time his administration could lose many of those cases, but that he was attempting to significantly expand executive authority and thus have it enshrined in case law decided by the nation’s highest court:
Noteworthy losses during Obama’s presidency included the blocking of an executive action giving work permits to 5 million illegal immigrants, “effectively ending what Mr. Obama had hoped would become one of his central legacies,” the New York Times reported.
The Court also handed a “humiliating” loss to Obama in his attempt to make recess appointments to the National Labor Relations Board while the Senate was in session.
“Indeed the case was so clear-cut one can only conclude that the president didn’t care what the Constitution said,” the Washington Post’s Jennifer Rubin observed at the time.
Experts have argued that executive overreach by President Obama led to more losses in the High Court.
But fortunately for the republic, the Judicial Branch in the majority of those cases deferred to the Constitution itself and not Obama’s activism, as the record now clearly shows.