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 ...
It will be interesting to see how the Justice Department answers this. But frankly in my opinion it doesn’t matter, the amount of contempt shown by this administration is far beyond breath-taking.
I wonder what the Constitution would look like if it was written today knowing what we do and how it is being torn and shredded using the commerce clause as the shredder?
Every day it bcomes more and more certain that this clown is hellbent on dismantling our form of government. Step 1- Remove checks and balances. Step 2- Fully centralize federal government, removing any state or local power. Step 3- Consolidate power into a one party, one rule system.
Very few outside of FR realize that this individual is trying to destroy what he took oath to defend. They say we won the cold war, but I disagree. It is looking like it took an inside job to achieve what Stalin and Khrushchev couldn't.
Every day it bcomes more and more certain that this clown is hellbent on dismantling our form of government. Step 1- Remove checks and balances. Step 2- Fully centralize federal government, removing any state or local power. Step 3- Consolidate power into a one party, one rule system.
Very few outside of FR realize that this individual is trying to destroy what he took oath to defend. They say we won the cold war, but I disagree. It is looking like it took an inside job to achieve what Stalin and Khrushchev couldn't.
I suspect that most of the Justice Department are just standing there and shaking their heads over how this mess has been handled. I don’t think anyone outside of the White House team....really believes this commentary by the President was necessary, and it’s just complicating their business more than what they’d expect.
But I will offer this analysis. This three-page, single-spaced document? It has to agree precisely with what is written into the Constitution...and if not...it’s pretty much going to be talked about for years and years. It’ll end up being named after the guy who wrote it, and probably listed as an item for all Constitutional law students to study.
If I were the guy writing it....I’d just cut and paste from the Constitution, and smile at the judges as I handed it over. You really don’t want this event to get any worse than what it already is.
I wouldn’t discount Kruschev, after all he did say “we will Barry you.”
So was 0blahblah upset when unelected judges IMPOSED gay marriage on my state? We the people didn't get to vote on a referendum, we couldn't even hold our legislature responsible and no governor signed a bill, it was just imposed by unelected judges. I didn't hear the usurper or any liberal scream about that.
FUB0
I hope SCOTUS strikes this law down with extreme prejudice not only for the country's sake, but just to rub Husein's face in it.
This is good. Apparently separation of powers does have push back when trampled by Barry.
The Holder JD’s quickly written official reponse represents a quite public and permanent homework assignment they may not have wanted.
It is pretty much no-win for them.
Lest we forget:
"Barack Obama complains that the Constitution is a “charter of negative liberties”.
In 2001, before anyone knew who this community organizer was, we got a glimpse of what the kenyan /Marxist thinks of this form of government, the country as it was founded, and our constitution.
FUBO
We can't survive another 4 years.
You make good points, let’s revisit this on Friday.
But one thing is for sure, I am very happy that this requirement was levied on the Justice Department. I wonder if they will deliver it in the required time or if Holder and the boys will need to ‘massage’ it a bit with weasel words and cut-out?
And if that were to happen would the judiciary wake up and see what they have helped to create by their own actions and “judicial Activism”?
Judge Smith - REAGAN appointment. Our GREATEST lives on in many ways!!
Very good! What I can't figure out is it just Obama arrogance or stupidity? I mean he basically said the most idiotic thing you could say, plus calling the SCOTUS out in his SOTU.
The only thing I can figure is he lost the whole thing and this is just an accuse to use when the ruling comes down so he can still "think" the stupid thing was constitutional.
Why would he purposely sabotage his chances?
I'm afraid to think what race relations would look like if Obama were to get another term. This agenda and ideology driven administration has turned back the clock and pitted people against each other in a way we haven't seen in many decades.
Demand Barry's proof of citizenship and academic credentials while you are at it, please!
,,,, the judge is upset !!!!!!!!!!!!!!!!!!!!!!!!!
Tell him to get in line !!!!!!!!!!!!!!!!!!!!!!!!!
They’ll refuse to answer and call the 5th Circuit Court “defiant”.
That is an interesting perspective. What will race relations look like if he is defeated?
That is an interesting perspective. What will race relations look like if he is defeated?
The IRS is now busy beginning an investigation of Justice Smith, his family, friends and every body that ever shook his hand.
The DOJ and the FBI are investigating the rumors that Justice Smith has sex with animals and 8 year olds.
The DOJ will comply with this order right after hell freezes over.
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