Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Federal judge fires back after Obama health care comments
The Daily Caller ^

Posted on 04/03/2012 5:00:17 PM PDT by Sub-Driver

Federal judge fires back after Obama health care comments 5:53 PM 04/03/2012

A three-judge panel of the Fifth Circuit U.S. Court of Appeals escalated the increasingly public battle between President Barack Obama and the judiciary on Tuesday, ordering the Department of Justice to write and submit a three-page, single-spaced letter by noon on Thursday explaining whether the administration acknowledges that the courts have the right to overturn federal laws.

The order, CBS News reported, follows the president’s historically inaccurate claim Monday that a Supreme Court decision striking down the so-called “individual mandate” in his health care overhaul law “would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically-elected Congress.” Obama suggested that because of this, the Supreme Court would opt not to overturn the law. (RELATED: Full coverage of Obamacare)

A Tuesday opinion essay in the Wall Street Journal corrected the president’s history, noting the famous Marbury v. Madison case.

“In Marbury in 1803, Chief Justice John Marshall laid down the doctrine of judicial review,” the Journal’s editors wrote. “In the 209 years since, the Supreme Court has invalidated part or all of countless laws on grounds that they violated the Constitution. All of those laws were passed by a ‘democratically elected’ legislature of some kind, either Congress or in one of the states. And no doubt many of them were passed by ‘strong’ majorities.”

Noting that Obama “is a former president of the Harvard Law Review and famously taught constitutional law at the University of Chicago,” the essay adds that the president’s remarks “suggest he is joining others on the left in warning the justices that they will pay a political price if they dare to overturn even part of the law.”

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


TOPICS: News/Current Events; Politics/Elections
KEYWORDS: obama
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-84 next last
To: Sub-Driver

Judges just jumped up a ways on my credibility and respect scales. There may be hope for this country after all.


41 posted on 04/03/2012 6:09:48 PM PDT by FlingWingFlyer (It's time to WEAN the government off of our money.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Secret Agent Man
Sorry SA Man, that will never happen.

The best you can hope for is for a few contiguous states (hopefully Texas, Oklahoma and Louisiana) banding together and seceding. Then those of us willing to pledge our lives, our fortunes and our sacred honor can move there and restart the Founders dream of a nation of the people, by the people and for the people.

42 posted on 04/03/2012 6:10:37 PM PDT by cashless (Unlike Obama and his supporters, I'd rather be a TEA BAGGER than a TEA BAGGEE.)
[ Post Reply | Private Reply | To 17 | View Replies]

To: MachIV

“Several pro-marriage laws were passed by large majorities and directly by the public themselves only to be overturned by some dictatorial judge at the state level.”

That is the absolute best post of the day, sir!!!!

Bravo!!!!!


43 posted on 04/03/2012 6:11:24 PM PDT by Cowgirl of Justice
[ Post Reply | Private Reply | To 20 | View Replies]

To: Sub-Driver

Ouch!!! ..... I hope that left a mark!


44 posted on 04/03/2012 6:14:24 PM PDT by parthian shot
[ Post Reply | Private Reply | To 1 | View Replies]

To: Sub-Driver; LucyT; Nachum; ExSoldier; blackie; azishot; SJackson; MestaMachine
No Joke: Newsweek calls for impeaching Supreme Court Justtices if they overturn Obamacare

Snip: The problem with the current court is not merely that there is a good chance it will strike down a clearly constitutional law. The problem is that this decision would be the latest salvo in what seems to be a sustained effort on the part of the Roberts Court to return the country to the Gilded Age. [...]

45 posted on 04/03/2012 6:14:54 PM PDT by MamaDearest
[ Post Reply | Private Reply | To 1 | View Replies]

To: Sub-Driver
0bama has got to be the dumbest
Affirmative Action law student at harvard.

Any Non-AA first year law student knows
about Marbury v. Madison


46 posted on 04/03/2012 6:15:59 PM PDT by Uri’el-2012 (Psalm 119:174 I long for Your salvation, YHvH, Your law is my delight.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: narses

The demand letter from the US Court of Appeals.

http://gretawire.foxnewsinsider.com/2012/04/03/this-is-blistering-the-appellate-judges-letter-to-the-justice-dept-about-president-obamas-comments


47 posted on 04/03/2012 6:18:02 PM PDT by ironman
[ Post Reply | Private Reply | To 35 | View Replies]

To: 2ndDivisionVet

“What Good Can a Handgun Do Against An Army?”

A hand gun is not any good against an Army...One Hundred Million hand guns...well that’s a different story.

As long as there is our “Constitution” and “We The People” continue to defend it, there will always be enough guns to defeat an Army.

Great article at that link BTW...thanks!


48 posted on 04/03/2012 6:20:41 PM PDT by PoloSec ( Believe the Gospel: how that Christ died for our sins, was buried and rose again)
[ Post Reply | Private Reply | To 26 | View Replies]

To: Rome2000

Note that Obama named his first born. Mailia Ann Obama.

Note the intials. MAO.


49 posted on 04/03/2012 6:22:12 PM PDT by isthisnickcool (Sharia? No thanks!)
[ Post Reply | Private Reply | To 14 | View Replies]

To: Sub-Driver
Jerry Edwin Smith (born 1946, Del Rio, Texas) is a judge on the United States Court of Appeals for the Fifth Circuit. He was nominated by President Ronald Reagan on June 2, 1987 and confirmed by the Senate on December 19, 1987. Smith received his commission for the seat, which was created by 98 Stat. 333, two days later.[1]Why am I not surprised?
50 posted on 04/03/2012 6:30:45 PM PDT by Just another Joe (Warning: FReeping can be addictive and helpful to your mental health)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Sub-Driver

Bump


51 posted on 04/03/2012 6:30:54 PM PDT by what's up
[ Post Reply | Private Reply | To 1 | View Replies]

To: UriÂ’el-2012
“0bama has got to be the dumbest
Affirmative Action law student at Harvard.”

Roger that—the fact that he is being touted as a constitutional scholar shows how stupid most of the press is. Unfortunately we have a large segment of the population that will not pay attention to any of this, as they won't care what is legal or what is not as long as they get their 0bama dollars from the rich, who must pay their fair share after all. I forsee a long, violent Summer as this Communist gets outed for the fraud that he is, and a major upheaval in our society. If you don't have your concealed carry permit yet, get it now.

52 posted on 04/03/2012 6:32:14 PM PDT by binreadin
[ Post Reply | Private Reply | To 46 | View Replies]

To: Texas Songwriter

Keep me appraised of the answer. Amazes me a court would make such a move out of the blue with no apparent connections.


53 posted on 04/03/2012 6:34:48 PM PDT by ctdonath2 ($1 meals: http://abuckaplate.blogspot.com/)
[ Post Reply | Private Reply | To 19 | View Replies]

To: MamaDearest; tomdavidd; Freeper; Gvl_M3; Flotsam_Jetsome; Berlin_Freeper; Hotlanta Mike; ...
Image and video hosting by TinyPic

Federal judge fires back after Obama health care comments

Article, graphics, and # 35 , # 39 .

Then see link at # 45 entitled:

"No Joke: Newsweek calls for impeaching Supreme Court Justices if they overturn 0bamacare"

Thanks, MamaDearest.

54 posted on 04/03/2012 6:36:49 PM PDT by LucyT
[ Post Reply | Private Reply | To 45 | View Replies]

To: ironman

Thanks!


55 posted on 04/03/2012 6:41:40 PM PDT by narses
[ Post Reply | Private Reply | To 47 | View Replies]

To: narses

Look, I don’t think this is anywhere near a constitutional crises yet.

There is an update on the Hot Air site from a lawyer who says this is not uncommon in such litigation matters where the gov’t is a plaintiff and that other fed judges (dems and republicans) have recently asked for such statements esp. in the DOMA litigation.

Vote out Obama in November, things should begin to improve. Should we the people continue the foolishness of allowing the hard left hold the reins of power, ALL BETS ARE OFF.


56 posted on 04/03/2012 6:44:44 PM PDT by jocon307
[ Post Reply | Private Reply | To 35 | View Replies]

To: narses

Sounds like some judges are concerned that, if the SCOTUS overturns the Obamacare mandate, their decision would just be ignored. Many have posited that scenario happening - that it’s Obama’s Plan B should the mandate be overturned.

The 5th Circuit seems to be attempting to get the Obama DOJ on record as agreeing that SCOTUS DOES have the power to overturn federal law on Constitutional grounds. If the DOJ agrees in writing to this premise, the Plan B goes out the window.


57 posted on 04/03/2012 6:44:55 PM PDT by randita
[ Post Reply | Private Reply | To 35 | View Replies]

To: ctdonath2

Apparently another case being heard by the 5th circuit was underway and an assistant solicitor general representing Obamas position was being argued. Then out of the blue one of the appeals court judges ask if the president believed in the validity of judicial review, because from the recent obama comments it seemed clear that he (obama) the judge could not believe that obama did. The solicitor general quickly said that she did. The judge then quickly demanded a minimum of a three page response, single spaced, delivered no later than 12:00 noon ET on Thursday. He basically bitchslapped the administration. With the hubris and pride of obama it will be interesting how obama and justice will respond.


58 posted on 04/03/2012 6:45:31 PM PDT by Texas Songwriter (Ia)
[ Post Reply | Private Reply | To 53 | View Replies]

To: ctdonath2
Amazes me a court would make such a move out of the blue with no apparent connections.

Obummers remarks concerning the SCOTUS and obamacare were so egregious in their stupidity that no self respecting judicial body can ignore the issue. The liberal media, of course, will ... but this slip by (57 states) Obummer has legs.

59 posted on 04/03/2012 6:45:49 PM PDT by BluH2o
[ Post Reply | Private Reply | To 53 | View Replies]

To: jocon307

“Look, I don’t think this is anywhere near a constitutional crises yet.”

Good, that is your opinion. When was the last time you can recall a sitting President directly calling out the SCOTUS?

I’ll wait.


60 posted on 04/03/2012 6:47:35 PM PDT by narses
[ Post Reply | Private Reply | To 56 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-84 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson