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Judge upset by Obama's comments on health care law
Houston Chronicle ^ | April 3, 2012 | JUAN A. LOZANO

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 ...


TOPICS: Business/Economy; Crime/Corruption; Extended News; Government
KEYWORDS: government; healthcaremadate; obamacare; supremecourt
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1 posted on 04/04/2012 3:24:37 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

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?


2 posted on 04/04/2012 3:33:50 AM PDT by The Working Man (+)
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To: Cincinatus' Wife
Who would be surprised? The punk POTUS views the constitution about the same as he would view of roll of charmin.

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.

3 posted on 04/04/2012 3:37:36 AM PDT by catfish1957 (My dream for hope and change is to see the punk POTUS in prison for treason)
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To: Cincinatus' Wife
Who would be surprised? The punk POTUS views the constitution about the same as he would view of roll of charmin.

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.

4 posted on 04/04/2012 3:41:46 AM PDT by catfish1957 (My dream for hope and change is to see the punk POTUS in prison for treason)
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To: The Working Man

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.


5 posted on 04/04/2012 3:48:08 AM PDT by pepsionice
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To: catfish1957

I wouldn’t discount Kruschev, after all he did say “we will Barry you.”


6 posted on 04/04/2012 3:48:57 AM PDT by HerrBlucher
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To: Cincinatus' Wife
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,

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.

7 posted on 04/04/2012 3:55:59 AM PDT by YankeeReb
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To: Cincinatus' Wife

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.


8 posted on 04/04/2012 4:01:07 AM PDT by rod1
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To: catfish1957
Who would be surprised? The punk POTUS views the constitution about the same as he would view of roll of charmin.

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.

9 posted on 04/04/2012 4:04:59 AM PDT by YankeeReb
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To: pepsionice

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”?


10 posted on 04/04/2012 4:11:48 AM PDT by The Working Man (+)
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To: The Working Man

Judge Smith - REAGAN appointment. Our GREATEST lives on in many ways!!


11 posted on 04/04/2012 4:12:41 AM PDT by Mr. Wright
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To: HerrBlucher
I wouldn’t discount Kruschev, after all he did say “we will Barry you.”

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?

12 posted on 04/04/2012 4:13:00 AM PDT by sirchtruth (Freedom is not free.)
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To: Cincinatus' Wife
So what will everyone do if the judges deem this bill constitutional?
I bet everyone will sit at home and lament, blog, and complain about it but not a single person on our side will protest.
There should be millions of us getting ready to go to Washington and storm the capital. Anyone getting ready?
I wish.
13 posted on 04/04/2012 4:15:45 AM PDT by lucky american
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To: YankeeReb
“We can't survive another 4 years.’

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.

14 posted on 04/04/2012 4:20:08 AM PDT by pieceofthepuzzle
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To: Cincinatus' Wife
"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.

Demand Barry's proof of citizenship and academic credentials while you are at it, please!

15 posted on 04/04/2012 4:25:57 AM PDT by LRS ("This is silly! It can't be! It can't be!!" "Oh yes it is! I said you wouldn't know the joint.")
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To: Cincinatus' Wife

,,,, the judge is upset !!!!!!!!!!!!!!!!!!!!!!!!!

Tell him to get in line !!!!!!!!!!!!!!!!!!!!!!!!!


16 posted on 04/04/2012 4:30:43 AM PDT by Lionheartusa1 (-: Socialism is the equal distribution of misery :-)
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To: The Working Man

They’ll refuse to answer and call the 5th Circuit Court “defiant”.


17 posted on 04/04/2012 4:31:36 AM PDT by Jane Long (Soli Deo Gloria!)
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To: pieceofthepuzzle

That is an interesting perspective. What will race relations look like if he is defeated?


18 posted on 04/04/2012 4:37:54 AM PDT by momincombatboots (Back to West by G-d Virginia.)
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To: pieceofthepuzzle

That is an interesting perspective. What will race relations look like if he is defeated?


19 posted on 04/04/2012 4:37:54 AM PDT by momincombatboots (Back to West by G-d Virginia.)
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To: Cincinatus' Wife
"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 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.

20 posted on 04/04/2012 4:38:19 AM PDT by USS Alaska (Nuke the terrorists savages.)
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To: Cincinatus' Wife
“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,”

O U C H!!!!

Did Smith make them go to bed without diner, too?

21 posted on 04/04/2012 4:50:03 AM PDT by SMARTY ("The man who has no inner-life is a slave to his surroundings. "Henri Frederic Amiel)
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To: SMARTY
Did Smith make them go to bed without diner, too?

And no fine wine to wash down the reprimand either! LoL

22 posted on 04/04/2012 4:51:18 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

Obama’s recent statements directed at the Supreme Court are just incredibly ignorant. HOW did he ever pass a “constitutional law” course?

One of the best responses I’ve yet seen to this was found in a post made by Californio at Truth on the Market website:

“Mr President! Mr President! Just a couple of questions:

Are you advocating the election of Supreme Court Justices?
What is the role of the Judiciary among the three branches of government?
If precedent is to be enshirined as absolute – will you support the upholding of Plessy v. Ferguson and Korematsu vs. U.S. as unassailable?”


23 posted on 04/04/2012 4:51:31 AM PDT by SumProVita (Cogito, ergo...Sum Pro Vita. (Modified Decartes))
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To: momincombatboots

What will race relations look like if he is defeated?

____________________________

They will improve!


24 posted on 04/04/2012 4:53:35 AM PDT by SumProVita (Cogito, ergo...Sum Pro Vita. (Modified Decartes))
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To: Jane Long

They’ll refuse to answer and call the 5th Circuit Court “defiant”.


Defiant? Hmmm, yeah that would go over real good with the Court.

Seriously though, if chaos is really the goal here I could see it. When times are troubled, that’s when they get to push most of the agenda through that they desire to impose upon the citizens of the country. And I used the word Citizen specifically, the illegals on the other hand get a free ride.


25 posted on 04/04/2012 4:53:38 AM PDT by The Working Man (+)
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To: Jane Long
They’ll refuse to answer and call the 5th Circuit Court “defiant”.

Exactly right, Obama would want this to escalate.

Could the Justice Department then be held in contempt?

I'm not sure that it can be, but if this one judge is incensed, others may be also, and there are many cases, including the major one now before the Supremes, that could go against the Obama administration just BECAUSE he challenged their power to rule.

26 posted on 04/04/2012 4:54:44 AM PDT by wayoverontheright
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To: USS Alaska
The IRS is now busy beginning an investigation of Justice Smith, his family, friends and every body that ever shook his hand.

I believe you are correct. What could save Smith is the extremely high profile of this exchange. Otherwise he well could face a financial crippling investigation and prosecution, resulting in a "settlement" or "plea bargain" over a trumped up charge; it's the MO of the Holder DOJ.

27 posted on 04/04/2012 4:54:51 AM PDT by Cincinatus' Wife
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To: SumProVita

I believe Obama wants our Republic to become a majority rules democracy....that would suit him and his fellow travelers in the courts and in the legislature much better.


28 posted on 04/04/2012 4:58:13 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

As someone who argues in the federal courts of appeal i felt for this woman! i just listened to the argument and i think she handled it quite well, most likely thinking well this is def above MY pay grade, figuring the response would have to be drafted by the political types in the office. It is a mistake to assume that all DOJ attorneys are political, there are career gov’t attorneys who try/argue cases irrespective of the name at the top of the letterhead. As a conservative i found the whole thing DELICIOUS! i hope that the DOL response will be made public.


29 posted on 04/04/2012 4:58:36 AM PDT by xsmommy
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To: The Working Man
That's why there's been so many "crises" during this administration's reign. The American people have "acted stupidly" and, therefore, have had to be strong armed.

As for the illegals? They just recieved unlimited passes with JNap's "waivers".

30 posted on 04/04/2012 5:03:54 AM PDT by Jane Long (Soli Deo Gloria!)
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To: catfish1957
Yes!

Next Obama (if he has his way) will be holding up a new constitution Hugo Chavez-like after he'd taken over Venezuela's supreme court, their legislature, their military and their oil production.


31 posted on 04/04/2012 5:04:13 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

I totally agree with you. Unfortunately, most people are fairly ignorant about American history and American government. They hear the word, “democracy,” and think that is our form of government.

Something really MUST be done about education in this country.

However, we first need to get ourselves back to our religious base...with a sound moral compass. Without that, all else fails...


32 posted on 04/04/2012 5:04:29 AM PDT by SumProVita (Cogito, ergo...Sum Pro Vita. (Modified Decartes))
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To: sirchtruth

He didn’t purposely sabotage his chances, likely he just caved to angry impulse and lashed out at the SCOTUS without thinking it through. He is very thin skinned.


33 posted on 04/04/2012 5:05:06 AM PDT by HerrBlucher
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To: Cincinatus' Wife

You can take the thug out of the ghetto...(you know the rest).


34 posted on 04/04/2012 5:08:22 AM PDT by Student0165 ("If they bring a knife to the fight, we bring a gun." Barack Hussein Obama)
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To: Cincinatus' Wife

I bet the letter is 3 pages of, “I won.” “I won.” “Iwon.” “I won.”...


35 posted on 04/04/2012 5:08:30 AM PDT by domeika
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To: pieceofthepuzzle

“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”


Absolutely 100% correct!

While I knew Odumbo and I were 180 degrees apart politically I thought at least we could finally throw cold water on the last remaining embers of racial division.

I could not have been more wrong.

I detest the feelings that have been welling up since this race bigot administration has taken over the dialog and our legal system in regards to race relations. Fueled by a lap dog MMSM (Marxist Main Stream Media) anger I have never experienced is bubbling to the surface.

I lived through the creation of the Iron Curtain and know the evil of socialist/communists/Marxist/racists (aka Progressives) and cannot fathom how they have gained any traction in this country let alone seem to be close to a majority.

How can such self proclaimed “enlightened” people fall for the lies of communists and Marxists? You don’t need a triple digit IQ to see the results of these evil people in N/S Korea or to remember recent history of E/W Germany or E/W Berlin to know, while our system may not be perfect, it is head and shoulders above what Odumbo and his enemy within progressive ilk are trying to do to this country.

Hitler needed the Jews just like Odumbo needs whitey and class warfare and a good percentage of the USA is falling for it.

WTF, how stupid can we be to ignore such obvious history?


36 posted on 04/04/2012 5:15:36 AM PDT by Wurlitzer (Welcome to the new USSA (United Socialist States of Amerika))
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To: The Working Man
I wonder what the Constitution would look like if it was written today

If it were written by Bambi and his czars, it would have lots and lots of blank spaces -- to be filled in by them, whenever....

37 posted on 04/04/2012 5:15:59 AM PDT by Jerrybob
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To: Jerrybob

http://www.freerepublic.com/focus/f-news/2867951/posts

“I was speaking the other day to my friend Charles who’s a very intelligent man; in fact, a brilliant polyglot, who opined that the U.S. Constitution, like the Declaration of Independence, is written in language that is far too difficult for the average person to understand. Now, this man can best me in many, many languages, especially New Testament Greek, but I told him in plain English that this is simply not so.

While it’s true that the Declaration was crafted in language designed to compete with and impress the Crowned Heads of Europe and was thus replete with flowery verbiage — my favorite is “consanguinity” — the Constitution was written to and for the American people in a manner they could easily understand. Indeed, its supporters and detractors waged the war over its ratification in the nation’s newspapers, which were eagerly consumed by a rapt citizenry.

Unfortunately down through the decades, our betters in Academia — who believe that it is outdated and irrelevant anyway — have convinced the rest of America that the Constitution, which consists of six typewritten pages, is far too complex for anyone to even attempt to digest; a ploy that has succeeded beyond even their wildest dreams.”.....


38 posted on 04/04/2012 5:20:56 AM PDT by Cincinatus' Wife
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To: SumProVita

“Obama’s recent statements directed at the Supreme Court are just incredibly ignorant. HOW did he ever pass a “constitutional law” course?”


You are assuming what we have been told by the MMSM (Marxist Main Stream Media) is the truth.

We know very little about what this Kenyan (his own US Senate campaign said so) did in college and how it was financed so it is highly likely his only real credentials are Community Agitator.

A constitutional lawyer would know the US Constitution is a document of many liberties for its citizens derived from their creator not government and in almost all cases limits only government (which of course this POS does not like).


39 posted on 04/04/2012 5:22:23 AM PDT by Wurlitzer (Welcome to the new USSA (United Socialist States of Amerika))
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To: HerrBlucher
I wouldn’t discount Kruschev, after all he did say “we will Barry you.”

A pun is its own reword...
40 posted on 04/04/2012 5:24:52 AM PDT by Peet (Cogito ergo dubito.)
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To: Jane Long

>> 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.


41 posted on 04/04/2012 5:26:16 AM PDT by Nervous Tick (Trust in God, but row away from the rocks!)
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To: xsmommy
.................As a conservative i found the whole thing DELICIOUS! i hope that the DOL response will be made public.

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.

42 posted on 04/04/2012 5:28:27 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

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.


43 posted on 04/04/2012 5:32:29 AM PDT by Cvengr (Adversity in life and death is inevitable. Thru faith in Christ, stress is optional.)
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To: Wurlitzer

>> 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.


44 posted on 04/04/2012 5:35:20 AM PDT by Nervous Tick (Trust in God, but row away from the rocks!)
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To: HerrBlucher
He didn’t purposely sabotage his chances, likely he just caved to angry impulse and lashed out at the SCOTUS without thinking it through. He is very thin skinned.

I've always known the wisdom of the left is tremendously lacking, but Obama's remarks are just downright daft!

45 posted on 04/04/2012 5:36:41 AM PDT by sirchtruth (Freedom is not free.)
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To: Cvengr
.....Trayvon Sr wants to control who gets healthcare and who is denied healthcare. ....

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.

46 posted on 04/04/2012 5:40:11 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife
A batter knows not to disrespect the umpire unless he wants to see calls go against him or even be tossed. Obama never learns.
47 posted on 04/04/2012 5:47:53 AM PDT by JPG (Hold on tight; rough road ahead.)
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To: Nervous Tick

“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.


48 posted on 04/04/2012 5:53:30 AM PDT by Wurlitzer (Welcome to the new USSA (United Socialist States of Amerika))
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To: Nervous Tick
“Lazy People” + “Coveting Thy Neighbor’s Ass” + “Free Government Stuff” = Progressive Marxism.

Perfect!


49 posted on 04/04/2012 7:21:53 AM PDT by Jane Long (Soli Deo Gloria!)
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To: Jane Long

Even if they do answer, then what? What is the next step that the court would take, if any?


50 posted on 04/04/2012 8:34:14 AM PDT by murron (Proud Mom of a Marine Vet)
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