LARRY KUDLOW: Biden wants to ignore the Supreme Court’s decision

President Joe Biden always likes to talk about being the defender of democracy, not like those evil terrible MAGA people led by Donald Trump. MAGA, MAGA, MAGA! Biden has gotten so desperate, he wants to throw Mr. Trump in jail for 400 years so he won’t have to face him in the coming presidential election, but Mr. Biden has some issues of his own regarding democracy.   

To wit: in our constitutional system, we have a judicial branch, a legislative branch and an executive branch. The Supreme Court sits atop the judicial branch and they have the power to review constitutional issues regarding the other two branches. As a reminder, post-Independence Day, it was Chief Justice John Marshall in 1803 that established the principle of judicial review.   

Now, back to Joe Biden. After the Supreme Court ruled against racial preferences and affirmative action, Mr. Biden said this:   

JOE BIDEN: “We cannot let this decision be the last word. I want to emphasize: We cannot let this decision be the last word.”   

BIDEN ADMINISTRATION RELEASES LATEST STUDENT LOAN PLAN AFTER SCOTUS BLOCKS HANDOUT: WHAT TO KNOW 

Mr. Biden, I must say, the Supreme Court decision is in fact the last word. Emphasis on “Supreme” Court and, if you deny that, then you have got a problem with our constitutionally-based democracy. You are, in fact, undermining our democracy. Period. Full stop. By the way, the Supreme Court decision may wind up killing all manner of corporate diversity, equity and inclusion rules, not only for boards of directors, but also for employees.   

It may be a giant step toward restoring a merit-based society, founded on the Declaration of Independence principle of equality. Remember: “all men are created equal, that they are endowed, by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness,” but, hang on a second!   

Biden said essentially the same thing after the student loan cancellation decision went against him.  The Supremes said, if you want to cancel student loans, have the Congress pass a bill, which the president would then presumably sign, but, Mr. Biden, you won’t take no for an answer.   

JOE BIDEN: “I believe the Court’s decision to strike down my student debt relief program was a mistake, was wrong. So, we need to find a new way and we’re moving as fast as we can.”  

So, let me get this right. Biden wants to find a new way – meaning, he wants to ignore the Supreme Court’s decision, but the Supreme Court in our democracy, based on our Constitution, is the last word. Mr. President. If you tell folks you’re going to get around it, you are undermining our democracy.   

So, with all your holier than thou and self-righteous “MAGA, MAGA, MAGA,” it seems to me Trump followers were exercising their right of free speech. You, sir, are undermining the Constitution and if you try to finagle some kind of income-based student loan forgiveness plan, you’re going to be sued again, because you have no executive authority and the next court decision will throw your next plan out.   

Now, yesterday, a federal judge in Louisiana ruled that the Biden administration likely violated the First Amendment by encouraging tech companies to censor free speech during the pandemic.   

Let me quote Judge Terry Doughty himself: “During the COVID-19 pandemic, a period perhaps best characterized by widespread doubt and uncertainty, the United States Government seems to have assumed a role similar to an Orwellian “Ministry of Truth.” 

This could become one of the most important free speech cases in our nation’s history.  So, in sum, Joe Biden is a one-man constitutional wrecking crew, who seeks to demoralize the very democratic principles that most Americans celebrated yesterday this past Independence Day.  

This article is adapted from Larry Kudlow’s opening commentary on the July 5, 2023, edition of “Kudlow.”