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Appeals court fires back at Obama's comments on health care case
CBSNews ^ | April 3, 2012 3:42 PM | Jan Crawford

Posted on 04/03/2012 2:10:13 PM PDT by mwilli20

... a federal appeals court apparently is calling the president's bluff -- ordering the Justice Department to answer by Thursday whether the Obama Administration believes that the courts have the right to strike down a federal law ...

(Excerpt) Read more at cbsnews.com ...


TOPICS: Breaking News; Constitution/Conservatism; News/Current Events
KEYWORDS: 2012; 5thcircuit; bhofascism; constitution; fubo; jerrysmith; kaersvang; marburyvmadison; marxistcoup; nobama2012; obama; obamacare; obamapoleon; obamatruthfile; scotus; separationofpowers
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If this is true, it's amazing. This man continues to undermine the very fabric of this country, our constitutional form of government. One would expect a sequence of events such as these out of Venezuela not the United States. Shameful!
1 posted on 04/03/2012 2:10:15 PM PDT by mwilli20
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To: mwilli20

The comments by the lib posters on the CBS were priceless. And scary.


2 posted on 04/03/2012 2:17:44 PM PDT by JusPasenThru (HEY UNION MEMBER: INVEST IN YOUR OWN DAMN INFRASTRUCTURE FOR A CHANGE!)
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To: mwilli20

0bama can’t seem to go ONE FRIGGIN’ DAY WITHOUT GETTING HIS MUG ON TELEVISION. Anyway, in one of his recent appearances he essentially said the United States needs to get rid of it’s old, antiquated form of government. I am trying to find what speech that was or when, but I heard what I heard. It might have been the ‘U.S., Mexico, Canada’ gig on the White House long but I’ll find it.


3 posted on 04/03/2012 2:19:43 PM PDT by FedsRStealingOurCountryFromUs
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To: mwilli20

I hope this Court kicks Obama and his thug tactics to the curb, and that the Supreme Court declares Obamacare unconstitutional.


4 posted on 04/03/2012 2:19:54 PM PDT by thethirddegree
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To: mwilli20
From the article: The panel is hearing a separate challenge to the health care law by physician-owned hospitals. The issue arose when a lawyer for the Justice Department began arguing before the judges. Appeals Court Judge Jerry Smith immediately interrupted, asking if DOJ agreed that the judiciary could strike down an unconstitutional law.

The DOJ lawyer, Dana Lydia Kaersvang, answered yes -- and mentioned Marbury v. Madison, the landmark case that firmly established the principle of judicial review more than 200 years ago, according to the lawyer in the courtroom.

Smith then became "very stern," the source said, telling the lawyers arguing the case it was not clear to "many of us" whether the president believes such a right exists.

5 posted on 04/03/2012 2:20:53 PM PDT by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: mwilli20
If this is true, it's amazing.

If what's true? That the Appeals court asked for a response or that the President thinks that the SCOTUS cannot throw out a law passed by congress?
6 posted on 04/03/2012 2:21:06 PM PDT by Sopater (...where the Spirit of the Lord is, there is liberty. - 2 COR 3:17b)
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To: mwilli20

We’re in the middle of a “soft war’ for America right now and most Americans don’t even realize it. 0bama and his constituents are in the midst of overthrowing the Republic while cleverly avoiding ADMITTING IT.


7 posted on 04/03/2012 2:22:17 PM PDT by FedsRStealingOurCountryFromUs
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To: mwilli20

Or is it Obama who is trying to get another court thru holders office to undermine the scotus.


8 posted on 04/03/2012 2:22:42 PM PDT by HollyB
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To: mwilli20

This is actually very good news. The courts(at least some of them) are not going to sit back and let Dumb0 tell them what they can or can’t do!


9 posted on 04/03/2012 2:22:55 PM PDT by PhilosopherStone1000
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To: mwilli20
If you think The 0's actions are "shameful", just wait until Holder and his apparat get into the deal.

It's strictly a coin toss if: Holder lies his head off to stonewall it or if the entire regime simply ignores the court.

Even more shameful is that their pimps in the media will only aggravate the offense by complicity.

10 posted on 04/03/2012 2:25:14 PM PDT by Unrepentant VN Vet ((290 and a wakeup) Truth, I know, always resides wherever brave men still have ammunition.)
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To: mwilli20
Death panel Obama, evil personified, is showing what is within him - pride, arrogance, deception. Those are the traits of satan.

The Devil Has a Plan for Your Life!

"The thief cometh not, but for to steal, and to kill, and to destroy: I am come that they might have life, and that they might have it more abundantly." - John 10:10

Obama is trying to kill the sick, steal from taxpayers and destroy America - one nation under God. It's all about Good vs. Evil. Nothing new under the sun.

11 posted on 04/03/2012 2:26:25 PM PDT by presently no screen name
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To: mwilli20

Obama is merely setting up an excuse why he failed again...

Fifth Circuit calls out DOJ lawyer: Is your boss now claiming that courts don’t have the power to strike down laws?

http://hotair.com/archives/2012/04/03/fifth-circuit-calls-out-doj-lawyer-is-your-boss-now-claiming-that-courts-dont-have-the-power-to-strike-down-laws/


12 posted on 04/03/2012 2:28:33 PM PDT by Hotlanta Mike (TeaNami)
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To: thethirddegree

This is TOO good!

The litigant in any Federal case now can challenge the whole process on the basis that Barry thinks the Court has no authority over him.

This could literally grind the entire Federal Court system to a standstill. Nice goin’, Barry!


13 posted on 04/03/2012 2:29:33 PM PDT by Buckeye McFrog
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To: mwilli20

I guess that means the President doesn’t support Roe v Wade either?


14 posted on 04/03/2012 2:31:52 PM PDT by GeronL (The Right to Life came before the Right to Pursue Happiness)
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To: mwilli20

Well, maybe Obama will just cut to the chase and sign an executive order seizing everyone’s assets and call it a day.


15 posted on 04/03/2012 2:33:44 PM PDT by Cementjungle
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To: FedsRStealingOurCountryFromUs
Please “PING” me when you do. I would like to forward that on and on.
16 posted on 04/03/2012 2:35:23 PM PDT by Chgogal (WSJ, Kristol, Krauthammer, Rove et al., STFU. Thank you.)
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To: mwilli20

Our “Ruler” thumbed his nose at a co-equal branch of government one too many times.


17 posted on 04/03/2012 2:38:08 PM PDT by tumblindice (our new, happy lives)
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To: FedsRStealingOurCountryFromUs
He probably thinks it's in the Constitution that the President is required to appear on TV every day. So far as anyone can tell, Obama has never read the Constitution.

Reportedly when he was an adjunct at the University of Chicago Law School, he spent the class periods talking about basketball.

18 posted on 04/03/2012 2:39:57 PM PDT by Verginius Rufus
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To: Sopater

Obummer after all IS the President of the United States - idiot that he is, the office is still his. No judge has jurisdiction over him except the Senate. LOL! No one can arrest him, no one can tell him what to do as long as he obeys the law. He can even break the law if no one calls him out on it. Congress can impeach him - but that means nothing if the Senate doesn’t convict.


19 posted on 04/03/2012 2:41:54 PM PDT by New Jersey Realist (America: home of the free because of the brave)
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To: mwilli20

I have to admit that I have spent the last few minutes guffawing over the judges’ excellent rejoinder to the Kenyan Clown’s moronic remarks of yesterday on the subject of judicial review.


20 posted on 04/03/2012 2:41:54 PM PDT by snowsislander (Gingrich 2012.)
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To: mwilli20

makes me think that a constitutional crisis is coming.. he will reject their ruling.. states he has the authority to do so...the NYT backs him up... all follow suit...

then I wonder, do the repubs in congress scream for a few days...and then die down ?

it seems as though things are finally coming to a head..


21 posted on 04/03/2012 2:42:31 PM PDT by Chuzzlewit
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To: mwilli20
Amazing--a three-judge panel, all three of whom were appointed by Republican Presidents.

Maybe Obama is under the misconception that the Constitution is about "chicks and balances" (which is why both of his appointees so far as women, and the person named as his likely future appointee is also a woman).

22 posted on 04/03/2012 2:45:45 PM PDT by Verginius Rufus
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To: mwilli20

Smackdown !!!!!!!!!


23 posted on 04/03/2012 2:48:01 PM PDT by Mears (Alcohol. Tobacco. Firearms. What's not to like?)
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To: Chuzzlewit

makes me think that a constitutional crisis is coming.. he will reject their ruling.. states he has the authority to do so...the NYT backs him up... all follow suit...

then I wonder, do the repubs in congress scream for a few days...and then die down ?

it seems as though things are finally coming to a head..

** I was thinking along the same lines..it’s almost as he’s laying the groundwork to ignore the ruling & continue to implement?


24 posted on 04/03/2012 2:48:12 PM PDT by rainee
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To: Chuzzlewit

makes me think that a constitutional crisis is coming.. he will reject their ruling.. states he has the authority to do so...the NYT backs him up... all follow suit...

then I wonder, do the repubs in congress scream for a few days...and then die down ?

it seems as though things are finally coming to a head..

** I was thinking along the same lines..it’s almost as he’s laying the groundwork to ignore the ruling & continue to implement?


25 posted on 04/03/2012 2:48:12 PM PDT by rainee
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To: mwilli20

I triple-dog-dare one journOlister to ask the President is he has EVER argued a case in ANY Court of law, not as a student, as a professional attorney. One case. Just one. Has he ever?


26 posted on 04/03/2012 2:48:48 PM PDT by austinaero (Obama or America - can't have both)
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To: Verginius Rufus
Does ANYONE really believe that 0bama is a 'Constitutional Scholar'??? 0bama obviously has the power to disassemble America bit by bit.. It's time Sheriff Arpaio add another item to the stack of 0bama lies.. A 'Constitutional Scholar' would understand SCOTUS' authority AND 0BAMA CLEARLY DOES NOT.

Time for you to submit EVIDENCE of your SCHOLARLY DAYS, 0bama..

27 posted on 04/03/2012 2:51:19 PM PDT by FedsRStealingOurCountryFromUs
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To: mwilli20

Beautiful smackdown! And within 24 hours! And from the bench! Way to go, Judicial Branch!


28 posted on 04/03/2012 2:51:25 PM PDT by Uncle Miltie (FOCUS ON FACTS: 0bamaCare Hated. Worst Recovery. Failed Stimulus. Worst Deficits.)
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To: Verginius Rufus

Naah - that was skirt-chaser Clinton that thought it was “Chicks and balances.”


29 posted on 04/03/2012 2:54:35 PM PDT by fremont_steve
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To: thethirddegree

The court’s challenge will go hand in hand with the bold, incisive and direct criticism given by the RNC to Great Leader’s assertions.


30 posted on 04/03/2012 2:57:01 PM PDT by AD from SpringBay (We deserve the government we allow.)
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To: mwilli20; LucyT; Berlin_Freeper; Hotlanta Mike; Silentgypsy; repubmom; HANG THE EXPENSE; Nepeta; ...

Feeling good Ping.................

0b0z0 attacks on SCOTUS got some other judges mad!

Judges are mouthing off at 0b0z0!

Advice to all judges: have sets and spines; check out his negative GPAs, if he had any!

While you are at it, throw him in jail for fraud!


31 posted on 04/03/2012 3:02:19 PM PDT by melancholy (Professor Alinsky, Enslavement Specialist, Ph.D in L0w and H0lder)
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To: mwilli20

This may be unprecedented. I need to do some research.


32 posted on 04/03/2012 3:03:21 PM PDT by MyronCopacetic
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To: Chuzzlewit
Chuzzlewit said: "... he will reject their ruling ..."

It's not as easy as it sounds.

Imagine for a moment that he did so.

Next, all those who are injured by the continuation of Obamacare lawyer up and take their specific cases to court. If the lower courts recognize the authority of the Supreme Court, then Obama loses, with the government possibly having to pay enormous damage payments.

If the lower courts try to side with Obama, then the plaintiffs appeal until their case reaches the Supreme Court, possibly by direct appeal. The plaintiffs win again.

Once the courts have spoken, the bureaucrats will take a turn. Will the Health and Human Services personnel obey the Court or Obama? Even if the Supreme Court issues an injunction directly to them?

It's been said that the Supreme Court has no army. I disagree. Every armed American is a soldier in the Supreme Court's army.

33 posted on 04/03/2012 3:03:56 PM PDT by William Tell
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To: rainee

“makes me think that a constitutional crisis is coming.. he will reject their ruling.. states he has the authority to do so”

I think so too. Use another executive order such as the order to keep every private record with a law firm, including the real birth certificate on the first day of inauguration.

Just like the Game of Thrones ad: War is Coming.


34 posted on 04/03/2012 3:04:09 PM PDT by max americana
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To: tumblindice

Guess he missed that whole “checks and balances” thing. Constitutional lawyer/professor? {derisive snort} My lilly white backside.


35 posted on 04/03/2012 3:05:35 PM PDT by ThunderSleeps (Stop obama now! Stop the hussein - insane agenda!)
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To: mwilli20

I hope the supreme court has the balls to do what the prissy pink panty bawler boehner was afraid to do


36 posted on 04/03/2012 3:08:24 PM PDT by Mr. K (If Romney wins the primary, I am writing-in PALIN)
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To: PhilosopherStone1000

One should assume the Federal Judges know full well where they stand with regard to the Constitution and do not take lightly any other Branch trying to usurp, regardless of their political persuasion.


37 posted on 04/03/2012 3:09:58 PM PDT by X-spurt (Its time for ON YOUR FEET or on your knees)
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To: mwilli20
Hey TraitØr ! . . . betcha this was Unexpected™ !

FU.baraq !

38 posted on 04/03/2012 3:12:33 PM PDT by tomkat
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To: Sopater
If what's true?

The article claims this is based on an inside tip. Of course there is no doubt about what Obama believes... I am convinced he wants the constitution rewritten...

39 posted on 04/03/2012 3:18:28 PM PDT by mwilli20 (BO. Making communists proud all over the world.)
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To: mwilli20

Hussein keeps pushing the envelope to keep his voters entertained. What will happen when the king opts not to reply? Nothing. And that is where he shows his voters who is really king in this country. He can and does whatever he wants, laws and constitution be damned.


40 posted on 04/03/2012 3:18:50 PM PDT by freeangel ( (free speech is only good until someone else doesn't like it)
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To: Buckeye McFrog

Bravo!


41 posted on 04/03/2012 3:22:37 PM PDT by Jacquerie (No court will save us from ourselves.)
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To: FedsRStealingOurCountryFromUs
I don't know why people assume that Obama studied our Constitution so that he would understand it, honor it, apply it, and obey it. I am positive that he studied The U.S. Constitution so that he would know how to ignore what he wanted, find loopholes, and change it. It was an exercise in fault finding, not in finding the wisdom that our Forefathers displayed in the words of The Constitution.

Why anyone would think that this man, raised by Communist grandparents, mentored for years by a known Communist, and whose "friends" throughout life only include those of Communist/Marxist persuasions would suddenly want to embrace and/or apply the mandates of our Constitution is beyond me. His knowledge was gained only so he could find ways to (1) go around the law, and (2) use the law against our country...a tactic employed by those who are out to destroy unity and divide our people. We have seen Obama apply the "divide and conquer" theme since his first day in our White House.

I am certain that when he had to take the Oath of Office,a second time, after purposely flubbing the first swearing-in ceremony, that "to uphold The Constitution" was not his intent, if he even spoke those words at all. No one knows what he "swore" to, since the second oath was administered in private, sans a Bible or even a Koran, for that matter.

Obama has lived by the expression "know your enemies," in his quest to learn our laws and our history...which is why he cares little about knowing or recounting the truth. He has considered the U.S. an enemy since his mother dragged him around the world and taught him only the evils of America, not the greatness, heart, and soul of our country. He never developed a true love of the U.S.(which has given him and his ungrateful wife so much), it has always been foreign to him no matter where he grew up, and he has focused on our faults more than our strengths.

Just like those who criticize our country, Obama has shown that he really holds a great disdain for us, our laws, and our accomplishments. As a student he only learned just enough to try and accomplish his goal (which is why he was a poor student, obviously) that has always been to launch an attack on the American system of government and the principles upon which our Nation was based.

42 posted on 04/03/2012 3:23:18 PM PDT by CitizenM (Obama studied our Constution out of hate for America, not out of love for our laws.)
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To: mwilli20
As much as I blasted the Administration for its statements (check my posts) this is a bad move by the 5th Circuit. The President is a politician. While his comments were horribly wrong, they are still in a political context, and he did not say he would refuse to follow a decision. This looks like the judges are taking sides in a purely political rhetorical war, and I think that's a bad move.
43 posted on 04/03/2012 3:24:57 PM PDT by Bruce Campbells Chin
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To: melancholy

I vote “Jail for Fraud”


44 posted on 04/03/2012 3:25:59 PM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: Mr. K

” prissy pink panty bawler boehner was afraid to do”

Bohener appears to be working for Obama the past 6 months or so.


45 posted on 04/03/2012 3:28:49 PM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: FedsRStealingOurCountryFromUs

That crowd has been working up to this point for 80 years...at least.


46 posted on 04/03/2012 3:29:04 PM PDT by Ernest_at_the_Beach (The Global Warming HOAX is about Global Governance)
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To: stephenjohnbanker

Two or more.


47 posted on 04/03/2012 3:29:42 PM PDT by hoosiermama
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To: mwilli20

TEXAS strikes again!!

This judge is out of Houston, main court is in New Orleans.

WOOHOO


48 posted on 04/03/2012 3:38:43 PM PDT by shortey22
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To: mwilli20; All

From article:

“And now DOJ gets to write three single-spaced pages expounding on that. Due at high noon on Thursday.”

They probably will just post a multi-layer pdf file on the White House web site. This group does not do real documents.


49 posted on 04/03/2012 3:39:05 PM PDT by bluecat6 ( "A non-denial denial. They doubt our heritage, but they don't say the story is not accurate.")
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To: thethirddegree

“”that the Supreme Court declares Obamacare
unconstitutional.””

Is there any chance they could find the bozo unconstitutional?


50 posted on 04/03/2012 3:40:04 PM PDT by Thank You Rush
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