Posted on 04/04/2012 3:24:25 AM PDT by Cincinatus' Wife
....During oral arguments in Houston in a separate challenge to another aspect of the federal health care law, U.S.5thCircuitCourt of Appeals JudgeJerrySmith said Obama's comments troubled a number of people who have read them as a challenge to the authority of federal courts.
"I'm referring to statements by the president in the past few days to the effect, I'm sure you've heard about them, that it is somehow inappropriate for what he termed unelected judges to strike acts of Congress that have enjoyed, he was referring of course to Obamacare, to what he termed a broad consensus and majorities in both houses of Congress," Smith told Dana Kaersvang, an attorney with the Justice Department in Washington, D.C.
On Monday, Obama issued a direct challenge to the Supreme Court, saying he didn't believe the high court would take the "unprecedented" step of overturning a law passed by a strong majority of Congress.
"I want to be sure that you are telling us that the Attorney General and the Department of Justice do recognize the authority of the federal courts through unelected judges to strike acts of Congress or portions thereof in appropriate cases," Smith said.
.... Smith ordered Kaersvang to submit a letter to the appeals court by Thursday stating the position of U.S. Attorney General Eric Holder and the Justice Department on the concept of judicial review.
"The letter needs to be at least three pages, single spaced, no less and it needs to be specific. It needs to make specific reference to the president's statements," Smith said.
The case before the appeals court was brought in part by a spine and joint hospital in East Texas that is challenging the constitutionality of a portion of the health care law that restricts physician-owned hospitals from expanding or building new facilities.....
(Excerpt) Read more at chron.com ...
>> They’ll refuse to answer and call the 5th Circuit Court “defiant”.
They could do that more easily if the judge that ordered the attorney to produce the letter wasn’t trying a case where the government is the defendent.
Personally, I don’t see how they *can* refuse. That in itself would be an act of contempt of court.
It's good to have Americans, who are in the position to do so, confront these people and for the rest of the country to see that this administration is not an all powerful office but ONE branch of government bound by Constitutional law.
Obama’ statement places healthcare at risk. A hospital is now unable to expand to provide for its patients unless approved by Obamacare. Obama’s plan no longer provides healthcare but denies healthcare to the American people.
Trayvon Sr wants to control who gets healthcare and who is denied healthcare. Obviously older, less healthy white people don’t get healthcare from Trayvon Sr. as in the case with the Texas hospital being denied the opportunity to provide for its patients by Obamacare.
>> know the evil of socialist/communists/Marxist/racists (aka Progressives) and cannot fathom how they have gained any traction in this country
Ah, that one’s easy. Here’s the formula:
“Lazy People” + “Coveting Thy Neighbor’s Ass” + “Free Government Stuff” = Progressive Marxism.
I've always known the wisdom of the left is tremendously lacking, but Obama's remarks are just downright daft!
He wants the threat and eventual reality of holding total power over the people the legacy he leaves -- compliant, cowed Americans, slaves to Big Government.
“Lazy People” + “Coveting Thy Neighbor’s Ass” + “Free Government Stuff” = Progressive Marxism.”
Very good! You boiled stupidity down to an easy to understand formula.
I think the formula could also be written as:
Lazy People” And OR “Coveting Thy Neighbor’s Ass” And OR “Free Government Stuff” = Progressive Marxism.
Even if they do answer, then what? What is the next step that the court would take, if any?
“I wouldn’t discount Kruschev, after all he did say “we will Barry you.””
I was just thinking about that. Excellent!
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