That's What I Thought

The former House Speaker and current Republican presidential front-runner [Newt Gingrich] convened a conference call with reporters on Saturday to expand on his call for Congress to subpoena judges or even abolish courts altogether if they make wrong-headed decisions. Those arguments from Gingrich at Thursday's debate in Iowa drew scrutiny and criticism from his rivals. Gingrich argued that the judicial branch has grown far more powerful than the nation’s founders ever intended and said it would be well within the president’s authority as commander in chief to ignore a Supreme Court ruling that he believed was incorrectly decided.

  The Hill

Not sure I follow that argument. Commander in chief of the armed forces has authority over the judiciary? I must have missed something back in school.

He said the principle applied most recently to the 2008 Supreme Court decision finding that the Bush administration had exceeded its constitutional authority in handling suspected terrorist detainees at Guantanamo Bay, Cuba.

“A commander in chief could simply issue instructions to ignore it, and say it’s null and void and I do not accept it because it infringes on my duties as commander in chief to protect the country,” Gingrich said of the Guantanamo ruling.

I see.

I’m pretty sure that, while he can certainly ignore a ruling, I don’t believe he can void it. It’s not “within the president’s authority,” it’s simply within his character. Or lack thereof.

When pressed as to whether a president could ignore any court decision he didn’t like, such as if President Obama ignored a ruling overturning his healthcare law, Gingrich said the standard should be “the rule of two of three,” in which the outcome would be determined by whichever side two of the three branches of government were on.

Oh. Now it’s a different story.