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The Latest Judicial Rebuke Comes From an Obama Appointee
Townhall.com ^ | April 4, 2012 | Stephen Smoot

Posted on 04/04/2012 5:16:24 AM PDT by Kaslin

The Obama Administration has not had much support from the judicial branch recently.

With the United States Supreme Court seemingly prepared to strike out some or all of health care reform, the president and his allies lashed out. President Obama seemed especially concerned “that an unelected group of people would somehow overturn a duly constituted and passed law.”

Since Marbury v. Madison, that has been the high court’s prerogative.

While the president’s supporters attack conservative and moderate judges on the Supreme Court, a United States District Court judge, Amy Berman Jackson, has also accused the administration of overreach.

Judge Jackson, however, is not an appointee of either President Bush. She ascended to the bench in 2011.

Arch Coal wanted to expand its Spruce #1 mine in Logan County, West Virginia. It estimated that the $250 million investment would create around 250 jobs. In 2007, they consulted with the U. S. Army Corps of Engineers, the Environmental Protection Agency, and others to reduce the impact. The EPA then awarded a permit.

With little warning, after the inauguration of Obama, the EPA revoked the permit. It cited that the operation violated the Clean Water Act. Arch Coal took the case to court.

At the time, U. S. Senator Joe Manchin (D) blasted the administration in a press conference, stating that "To bring this self-inflicted pain on top of all of that after it's gone through the process, is just more than I think any agency should have that power to do."

Judge Jackson agreed.

In her opinion, she said that the EPA’s interpretation of the Clean Water Act is “illogical and impractical.” Jackson accused the agency of “magical thinking” in its efforts to explain the highly unusual step of revoking its own permit.

U. S. Representative Nick Joe Rahall (D WV-3rd) concurred with Jackson, saying “the EPA has twisted the law, circumvented the Congress, and trampled on the right of the people to know what their government is doing. In America, no agency can hide its actions under some veil of secrecy, but the EPA sure has tried.”

This represents one of many recent cases in which the federal courts have slapped down administration attempts to extend its authority. The U.S. Supreme Court ruled that the EPA could not collect fines against an Idaho family prior to judicial review of their case. No matter how the court rules on health care reform, individual justices’ questions have exposed concerns about how federal power.

What has to concern the administration is that this hand slap emanated from one of the current president’s appointees.


TOPICS: Culture/Society; Editorial; Government
KEYWORDS:

1 posted on 04/04/2012 5:16:28 AM PDT by Kaslin
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To: Kaslin

And he taught Constitutional Law?? No wonder we have no records for him after age 11.


2 posted on 04/04/2012 5:19:47 AM PDT by Sacajaweau
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To: Kaslin

All hail our glorious leaders! Comrades, please stop whining and support The Plan!


3 posted on 04/04/2012 5:20:45 AM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: Kaslin

Extreme Leftist Mike Malloy last Friday used his radio show to argue that the Supreme Court is now “illegitimate” and should be done away with, because (as Obama said)” 9 “unelected” people should never be able to overturn a law passed by congress. It is clear to see that Obama shares the same extreme and dangerous views that our three branch system of government should be done away with.


4 posted on 04/04/2012 5:26:00 AM PDT by NavyCanDo (You can take an idiot out of Chicago, but you can’t take the Chicago out of an idiot!)
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To: NavyCanDo; Travis McGee

Mike Malloy? He was a joke when he was in Chicago. What a tool. Did someone ask him why, if they’re “illegitimate”, should the left get so energized when a vacancy occurs?


5 posted on 04/04/2012 5:45:20 AM PDT by bcsco
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To: NavyCanDo
Jack Nicholson to President Obama:

"And you people are supposed to be sharp?"

6 posted on 04/04/2012 5:47:13 AM PDT by thedrake
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To: NavyCanDo
9 “unelected” people should never be able to overturn a law passed by congress.

Funny seems the duly elected Senators vote on the Supreme Court Nominees, I guess you can't let the facts get in the way of Bambi's latest temper tantrum.

7 posted on 04/04/2012 5:50:04 AM PDT by DAC21
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To: NavyCanDo
It is clear to see that Obama shares the same extreme and dangerous views that our three branch system of government should be done away with

His rhetoric is escalating and I wonder if we will see elections. As much as we consider him a dunderhead, he has completed many of his policies. Things he said in 2008, we noted, but never in our wildest dreams thought he would do.

I don't think enough of the younger generations comprehend the security of 3 branches of government or why we have 'checks and balances.' 0bama's rhetoric is an attempt to neuter the court in the eyes of the public. There is HUGE value to the regime in doing so. But, make no mistake he is not just after the highest court in the land...his 'son' Trayvon is used to neuter even the local systems.

It is important to recognize he used the term "unelected." You see if the judges are "unelected" then they may not rule with the common majority(democracy), instead they may rule to protect the individual(republic).

8 posted on 04/04/2012 5:50:53 AM PDT by EBH (God Humbles Nations, Leaders, and Peoples before He uses them for His Purpose)
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To: NavyCanDo

And the individual is the most dangerous person alive to 0bama’s dream...


9 posted on 04/04/2012 5:53:20 AM PDT by EBH (God Humbles Nations, Leaders, and Peoples before He uses them for His Purpose)
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To: Sacajaweau
No wonder we have no records for him after age 11.

To destroy the United States, all you would need to do is find a reality style TV host, spend $Hundreds of Millions on buying an election, make him play liberal (turn loose thousands of radical leftists in the FED Gov't), and sit back and watch.

Obama is financed and set up by those who want to destroy the US.

WHO you ask?

What country is at the head of the line that wants the infidels destroyed? The answer is of course Iran. Spend some $$ on buying the election and turn the fool loose.

Americans have been so brainwashed that they watch Good Morning America to get their marching orders. Obama is representing the radical Muslims of the world. Most Muslims are 7th century fools but the militant enslave the world variety have bought a president.

He has turned the liberals loose to remake the country. The Muslims plan on picking up the pieces as they enslave you.

10 posted on 04/04/2012 5:57:05 AM PDT by politicianslie (Obama: America's first Muslim PRESIDENT, It's past time for America to take out the trash in DC.)
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To: Kaslin

If the GOP can get the White House and the Senate, look for Manchin and WV Dems to switch parties or start their own “WV Independents” and caucus with the Pubbies.


11 posted on 04/04/2012 6:05:04 AM PDT by cookcounty (Newt 2012: ---> Because he got it DONE.)
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To: EBH

I think His Excellency, speaking off the cuff without TOTUS, exhibited to all his true colors. The best of this he did it prior to the SC vote. IMO, this will harden the resolve of those who voted against Odontcare and perhaps chase a few of the mildly leftest judges across the aisle.

Yesterday I suggested the vote would be 6-3 against the individual mandate and 5-4 to keep the rest of the law...Ginsberg voting in the majority both times. My guess now is it will be 6-3 against the mandate and 5 to 4 against keeping the regulations.

Beyond that issue, this is a clear signal to anyone who is awake, this guy is beyond constitutional restraint...that is what he sees his position as president as.

The conservatives and moderates need to keep the pressure on this clown through every possible avenue..challenge him to comment on everything, because he is close to going over the edge where even the Congress may have to take him out. I know, a dream, but if he is reelected both the country, including the Congress, will be under his thumb as supreme ruler of the universe in his mind.


12 posted on 04/04/2012 6:05:42 AM PDT by Mouton (Voting is an opiate of the electorate. Nothing changes no matter who wins..)
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To: DAC21
"9 “unelected” people should never be able to overturn a law passed by congress."

I ( a retired truck driver) learned about Marbury vs. Madison as a high schooler. Now we have a Harvard grad and (part-time) U of Chicago lecturer in Law who apparently is unaware of Marbury!

13 posted on 04/04/2012 6:11:11 AM PDT by cookcounty (Newt 2012: ---> Because he got it DONE.)
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To: Kaslin
The Obama Administration has not had much support from the judicial branch recently.

No, no, no. You're using the wrong vernacular.

It is no longer "the judicial branch". It's "a group of unelected people".

I know it's hard to keep up with the ever-changing language we know as Obonics but do try to keep up.

A group of unelected people. If that's all they are then what was the big deal about getting the first hispanic (or is she a white-hispanic?) female and the first (whatever Elena Kagan is) on the court?

The man is a disgrace to his race; the human race.

14 posted on 04/04/2012 6:20:52 AM PDT by Texas Eagle (If it wasn't for double-standards, Liberals would have no standards at all -- Texas Eagle)
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To: NavyCanDo
Extreme Leftist Mike Malloy last Friday used his radio show to argue that the Supreme Court is now “illegitimate” and should be done away with, because (as Obama said)” 9 “unelected” people should never be able to overturn a law passed by congress. It is clear to see that Obama shares the same extreme and dangerous views that our three branch system of government should be done away with.

In my opinion, Obama has strong reason to believe that the Supreme Court will strike down Obamacare. Therefore, his strategy will now be to convince the American people that the Supreme Court is somehow irrelevant, and has no business deciding issues like this. There will be a steady drumbeat about these "unelected" judges "interfering in matters in which they should have no say to begin with." Obama's flunkies in the media are already beginning to pick up on this message. This isn't a temper tantrum on Obama's part - this is damage control.

15 posted on 04/04/2012 6:38:10 AM PDT by GreenHornet
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To: Mouton
I said yesterday,

Congress won't dare start impeachment processes this year or mid-summer. An unConstitutional ruling could play out in 0bama’s favor as he campaigns on implementation anyway. Hence, why Congress would need to impeach him or start proceedings as 0bama is breaking the law. Again, this would then be enough of a crisis to bring out all the progressive base for the election. So I see no reason for 0bama to fear the checks and balances.

So, since 0bama doesn't seem touchable up until the election and any action against him could majorly backfire, what do we do? This is all setting up for the ‘community organizer’ just too darn perfectly. I can actually see in my head right now him standing on the podium, finger wagging railing against our American System and how it has failed the American People. Telling us how he has already put in place people to help with the transition to a new form of American Democracy...

This ‘warning’ is the start of the Constitutional Crisis. The SCOTUS has no way to enforce the ruling and the regime knows it. They also know congress won't and basically can't act even if they tried. There are too many progressive moles in Congress to get justice and secure our form of government. Obama warns 'unelected' Supreme Court against striking down health law post 288

16 posted on 04/04/2012 6:40:17 AM PDT by EBH (God Humbles Nations, Leaders, and Peoples before He uses them for His Purpose)
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To: Kaslin

bm


17 posted on 04/04/2012 9:15:10 AM PDT by skinkinthegrass (Kill all the terrorists; protect all the borders, ridicule all the (surviving) Liberals :^)
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To: Sacajaweau

Grads of University of Chicago Law School, formerly a super prestigious - not to mention, costly - institution, should sue if they were placed in one of his classes. (tho, if his class(es) were elective, one assumes they’d attracted the last bright students who still don’t ‘get it.’)


18 posted on 04/04/2012 9:34:10 AM PDT by EDINVA
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To: Mouton

I honestly would be surprised to see the individual mandate struck down 7-2, with only Sotomayor and Kagan dissenting. If they can get Sotomayor on board, then I can’t see Kagan having the stones to dissent on her lonesome, so 9-0 (with multiple concurring opinions rather than a single opinion) isn’t even out of the realm of possibility.

Rememdy will likely be 5-4 in favor of scrapping the bill — Kennedy seemed very strong in his stance that should the individual mandate fall, the rest of the bill was unsalvageable. Despite the wild theories of the various court-watchers, I can’t imagine Roberts, Thomas, or Alito will allow the rest of the bill to stand, and Scalia was quite clear about tossing the whole thing.


19 posted on 04/04/2012 10:00:15 AM PDT by kevkrom (Those in a rush to trample the Constitution seem to forget that it is the source of their authority.)
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To: Kaslin
This Supreme Court's most significant "audience" consists of the hundreds of millions of future generations whose liberty relies on the Court's fidelity to the Constitution of the United States, its strict limitations on government power, and its protections for individual liberty.

Appointed for life, their deliberations and decisions affect the "lives and liberties of millions yet unborn," as a Founder described the actions of that generation.

The President and his band of so-called "progressives" are focused on the political short view: getting elected, accumulating more power, and using "issues" to persuade citizens to trust them with unlimited power over their lives--a provincial and shallow basis for decision making.

The Supreme Court must be focused on preserving the integrity of a unique 200-year-old hallowed written document which severely divided, separated, checked, balanced, and limited the powers of any potential generation of would-be tyrants who might endanger the Creator-endowed rights and liberties of individuals in the society.

Theirs must be a long view of the history of America--not a provincial and Partisan and ideological attempt to bypass "the People's" Constitutional structuring of government power.

"Although all men are born free, slavery has been the general lot of the human race. Ignorant—they have been cheated; asleep—they have been surprised; divided—the yoke has been forced upon them. But what is the lesson? ... the people ought to be enlightened, to be awakened, to be united, that after establishing a government, they should watch over it ... It is universally admitted that a well-instructed people alone can be permanently free."- James Madison

20 posted on 04/04/2012 10:43:08 AM PDT by loveliberty2
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To: DAC21

Sorta like the Electoral College votes for POTUS, doncha think ?


21 posted on 04/04/2012 11:30:24 AM PDT by EDINVA
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To: GreenHornet

The majority of Americans, my wife included, don’t understand why Supreme Court Judges are appointed for life. They could follow blindly someone suggesting they should be elected and serve terms like everyone else. I had to educate her last night that our Founders knew that if SCOTUS were deciding cases based on what would get them reelected, America would be a whole lot uglier a place to live in today, if it survived at all.


22 posted on 04/04/2012 11:31:31 AM PDT by NavyCanDo (You can take an idiot out of Chicago, but you can’t take the Chicago out of an idiot!)
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To: Kaslin
No matter how the court rules on health care reform, individual justices’ questions have exposed concerns about how federal power.

Finish the sentence. What the hell is it with "journalists" who don't even proofread their own stuff?

FMCDH(BITS)

23 posted on 04/04/2012 12:36:59 PM PDT by nothingnew (I fear for my Republic due to marxist influence in our government. Open eyes/see)
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To: Texas Eagle
Texas Eagle said: It is no longer "the judicial branch". It's "a group of unelected people".

Someone with some graphics skills should create a diagram for a new version of a high school civics textbook. The three branches can be shown as Congress, the President, and "unelected people". Perhaps "Supreme Court" can be shown crossed-out. Is this the "Hope" or the "Change"?

24 posted on 04/04/2012 12:43:42 PM PDT by William Tell
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To: Kaslin

The more they attack the court the more convinced I become that Kagan gave Bozo a tip on how last Friday’s vote went, and it apparently went against Bozocare.


25 posted on 04/04/2012 1:09:19 PM PDT by calex59
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