Skip to comments.It's On: 5th Circuit Dares Obama to Deny Power of Judicial Review
Posted on 04/04/2012 5:11:33 AM PDT by expat1000
Jan Crawford of CBS reports that a three-member panel of the 5th Circuit Court of Appeals has ordered the U.S. Department of Justice to "answer by Thursday whether the Obama Administration believes that the courts have the right to strike down a federal law."
The response is to be three pages long, single-spaced, according to an unnamed lawyer who was in the courtroom.
The court's response appears to be a direct challenge to President Barack Obama's attack yesterday on the Supreme Court and the power of judicial review, which federal courts have exercised for over 200 years.
(Excerpt) Read more at breitbart.com ...
This is actually starting to worry me. First those idiot Senators came out with the not-worth-obeying crap if the ruling didn’t go their way. Then Bozo with the unelected speech and a couple of honorable mentions for impeaching the Justices scattered about.
I read where the Judge who ordered this response is an Obama appointee so is this another setup? Could the judges just accept the answer on Thurs. as valid and drop that case? Just wondering out loud here.
“Why is the time for an answer set to Thursday?”
Maybe they will fast track unfavorable cases in 5th Circuit of MS, LA or TX (eligibility or such?), but just not saying so?
Well... all libs want that.
"As long as we've got a voucher"
Or else ! What is else, exactly? Nobody can make Obama’s injustice department do this. They’re laughing as we type.
I think the time, plus the length mandate, was to force the DoJ to actually put some effort into it and remind them of how things are supposed to work.
wrong. Judge Jerry Smith of the 5th Circuit Court of appeals is a Reagan appointee.
...unnamed lawyer who was in the courtroom....
I know nothing about law, but I am wondering if the “unnamed lawyer” who leaked this would be considered in contempt of court.
Can anyone answer this?
Great! Maybe there's hope our judges won't just let this pass.
It was bound to happen. Power corrupts and . . .you know the rest.
Hiya xs, hope all's well :-)
wow, a slap back at the President! Good for them.
Probably due to the Easter Holidays. The courts are probably going to take some time off and they would want to have an answer before then. Or they could just be wanting to come down hard on 0 and show they are in charge, not him. It will be interesting to see if he just ignores the court or not. He is elected, after all. (That last comment was meant as sarcasm.)
Not really. Different source - different headline, plus it was pulled!!
it is not at all uncommon during oral argument for the judges to give you a short turnaround time to address, in writing, an issue that comes up during argument that was not presented in the briefs prior. what is uncommon is that here the subject matter was the President’s ill-considered remarks that she may or may not have even known about!
hiya : )
Accept their answer and drop the case?
The Supreme Court has the Obamacare case before it, not the Fifth Circuit appeals court which this judge sits on.
Do you mean drop the Obamacare case, or do you mean drop the question the judge demanded they answer, just as long as they answer it somehow?
They can’t drop a case they don’t have, nor could the Supreme Court drop a case they have heard...they have to rule.
Dropping the question...that would depend on how far this judge wants to push it, but it is unwise to tick off federal judges by ignoring them.
What tickles me is the judge just put a mandate on DOJ.
ALL oral arguments are available for anyone to listen to on the 5th circuit website [indeed i think most circuits post them to their websites], so whether the lawyer was named or unnamed is really irrelevant.