Willis was incredulous as to the president’s motives.
“I think the answer you’re looking for is arrogance,” said Levy. “I think it’s just – it’s sort of this belief that if I say it’s constitutional, I think it’s constitutional, how dare you say otherwise? I’m a former constitutional law professor. I know what I’m talking about.”
“Except, from what we’ve seen the past couple of days, he kind of doesn’t know what he’s talking about or, more to the point, doesn’t even care that – I think he does know that what he’s saying is inaccurate, but he doesn’t care. He’s more concerned with the politics.”
“What did he get wrong,” asked Willis.
“Well, first of all he said that if the Court overturned the [health care reform] law it would be unprecedented, which it wouldn’t be,” Levy responded. He went on to cite Marbury v. Madison which established the principle of judicial review. “Every high school student in the country knows that. You would think the President of the United States, again a former constitutional law professor, would know that.”
Levy continued, “he said that the law was passed by a huge, overwhelming majority. I think it passed, was it, 219 – 212 in the House…”