Posted on 04/05/2012 6:23:00 PM PDT by Libloather
Justice Dept. responds to judicial query, defends Obama comments on high court
By Sam Baker - 04/05/12 02:43 PM ET
Tweet The Justice Department shot back Thursday against a federal courts suggestion that President Obama doesnt recognize the role of the judicial branch.
Three judges on the 5th Circuit Court of Appeals ordered the Justice Department to file a three-page letter outlining its view of the courts powers a response to comments in which Obama said it would be unprecedented for the Supreme Court to overturn his healthcare law.
Obamas remarks were fully consistent with well-established legal principles, the Justice Department said Thursday in its response to the 5th Circuit.
The department has not in this litigation, nor in any other litigation of which I am aware, ever asked this or any other court to reconsider or limit long-established precedent concerning judicial review of the constitutionality of federal legislation, Attorney General Eric Holder wrote.
There is nothing unprecedented about federal courts overturning federal laws, but the White House says the courts have historically deferred to Congress and the president on how to regulate the economy. Striking down a law with such enormous economic implications would indeed be unprecedented, White House spokesman Jay Carney said.
The Justice Departments letter outlines basically the same argument. The courts power to review federal laws is beyond dispute, Attorney General Eric Holder wrote, but the Supreme Court has often acknowledged the appropriateness of reliance on the political branches' policy choices and judgment.
Holder also noted that the 5th Circuit is hearing an unrelated case in which government attorneys had acknowledged the principle of judicial review.
The longstanding, historical position of the United States regarding judicial review of the constitutionality of federal legislation has not changed and was accurately stated by counsel for the government at oral argument in this case a few days ago, he wrote.
Holder is an embarrassment.
I am an attorney and find the comments and conduct of Obama and Holder shocking. These two thugs are beyond embarrassing to the legal profession.
” I am an attorney and find the comments and conduct of Obama and Holder shocking. These two thugs are beyond embarrassing to the legal profession.”
Rest assured, if Obama wins the election, it will get worse.
Most attorneys I know are conservatives. The leftist ones are typically ambulance chasers.
Even most criminal defense lawyers I know are libertarians and conservatives.
me, I do construction litigation mostly and am getting more libertarian as I get older.
” Even most criminal defense lawyers I know are libertarians and conservatives.”
I have also found this to be the case.
more than you think. The big money in the legal profession of course goes to demos, but regular lawyers like myself are hard core libertarians and conservatives.
I’m not kidding , I would say at least 75 percent of my lawyer friends are conservatives. Am not the tort lawyers or ACLU types, but the everyday lawyer.
Ever notice how the corrupt can never simply state their true intentions. The above quote leaves it to the reader to imply the Obama Administration agrees the Court has the authority to rule on the constitutionality of laws and regulations. On the contrary, the Administration might fully well believe the SC is not so authorized,...even "beyond dispute" of the particular case.
The older I get 0, the more respect I have for criminal defense lawyers. Yes some of the scum of the wart deserve the chair, but we need defense lawyers to keep. The. Govt in check!
” we need defense lawyers to keep. The. Govt in check!”
We cetainly do.
My philosophy on life has changed a lot over the years. Criminal defense lawyers are a vital part of our at ion to keep TJE govt in check.
Never ever thought I would say that, but in 2012 I now view crim defense. Lawyers as a vital asset as opposed to villains that I used to.
Rest assured, if Obama wins the election, it will get worse.
And if he loses things will be way worse
Rest assured, if Obama wins the election, it will get worse.
And if he loses things will be way worse
so is his boss,MAOBAMA
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