No court can do so in a way that's akin to actual repeal...a repeal lawfully carried out in the way set forth in the Constitution itself.But at least one court can so so in a defacto fashion.And if Osama Obama gets many more shots at nominating a SCOTUS justice that *will* happen *much* sooner rather than later.
The Republican House of Representatives should impeach the judge for this ruling because it is clearly in violation of the words and intent of the Constitution. To rule in this manner indicates he is incompetent and a danger to the Republic.
This would be a terrific issue for the Republican House to throw at the Democrat Senate. Impeach this judge for this atrocity and any more anti-Constitution far left rulings he has made since arriving on the bench. Put Harry Reid and the Democrats in the Senate in a position of defending a judge for acting directly against the fundamental freedoms. Let the left wing media howl. Demonstrate to the people the Republican Party supports the Constitution and individual freedom.
The GOP has been cowering in the corner for 5 years. Either get on the offensive and get the electorate stirred up or accept the boundaries placed on the opposition by the media and the Democrats.
Unfortunately, Boehner doesn’t have the leadership ability to take on this type of reasonable defense of the Constitution, must less the guts to stand up to the inevitable media storm the impeachment of a leftist judge would provoke.
The hour is becoming late. If the GOP doesn’t take a stand for freedom soon, there will be nothing to defend.