Skip to comments.Federal judge fires back after Obama health care comments
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 presidents 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 presidents history, noting the famous Marbury v. Madison case.
In Marbury in 1803, Chief Justice John Marshall laid down the doctrine of judicial review, the Journals 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 presidents 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 ...
Judges just jumped up a ways on my credibility and respect scales. There may be hope for this country after all.
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.
“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!!!!
Ouch!!! ..... I hope that left a mark!
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. [...]
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
The demand letter from the US Court of Appeals.
“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!
Note that Obama named his first born. Mailia Ann Obama.
Note the intials. MAO.
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.
Keep me appraised of the answer. Amazes me a court would make such a move out of the blue with no apparent connections.
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"
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.
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.
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.
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.
“Look, I dont 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?