Skip to comments.Judge upset by Obama's comments on health care law
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 ...
O U C H!!!!
Did Smith make them go to bed without diner, too?
And no fine wine to wash down the reprimand either! LoL
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?”
What will race relations look like if he is defeated?
They will improve!
Theyll 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.
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.
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.
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.
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.
As for the illegals? They just recieved unlimited passes with JNap's "waivers".
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.
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...
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.
You can take the thug out of the ghetto...(you know the rest).
I bet the letter is 3 pages of, “I won.” “I won.” “Iwon.” “I won.”...
“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”
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?
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....
“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.”.....
“Obamas 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).