Skip to comments.Court Tells Obama To Do His Judicial Review Homework
Posted on 04/04/2012 4:53:42 PM PDT by Kaslin
Justice: A Fifth Circuit Court judge, not amused by presidential intimidation of the courts, tells the Justice Department to produce a three-page letter explaining the administration's position on judicial review of laws.
It wasn't an order to have President Obama write "I will not question judicial review" 500 times on the blackboard but the Fifth Circuit Court request for a "specific" explanation of the administration's position on whether courts can decide the constitutionality of laws is close enough.
The Fifth Circuit, which is hearing a case against ObamaCare brought by physician-owned hospitals, was not amused by the recent presidential questioning of both the judgment and the authority of the Supreme Court to determine the constitutionality of ObamaCare's insurance mandate.
During oral arguments on a related case, U.S. 5th Circuit Court of Appeals Judge Jerry Smith told the government's lawyers that the president's remarks were troubling and demanded an explanation from DOJ lawyer Dana Lydia Kaersvang.
"Does the Department of Justice," Judge Smith asked, "recognize that federal courts have the authority in appropriate circumstances to strike federal statutes because of one or more constitutional infirmities?"
Kaersvang said it did but Smith and the Fifth Circuit weren't quite reassured.
"I want to be sure that you are telling us that the attorney general and the Department of Justice do recognize the authority of the federal courts through unelected judges to strike acts of Congress or portions thereof in appropriate cases," Smith said.
(Excerpt) Read more at news.investors.com ...
The problem is that our so-called justice department does recognize how things work in America but they do not care. They will do anything to anybody regardless of legality or unintended consequences. This is expected of the radical liberal socialists that they are.
They have no repect for the law, our Constitution, or the integrity and well being of this country.
Preaching to the choir, I know.
This is a very smart move by the judge. The reason?
Get it on the record. No more pussyfootin around and making nebulous threats.
I don’t think Zero has the slightest clue about what he’s implying. But one thing for sure, the military knows. Your average police officer has heard of the Courts and separation of powers. Firefighters, doctors.
Hell, your average dog catcher knows the Courts have that power.
What Obama is talking about is totally trashing our form of government.
Whne they don’t do it - they will be in contempt of court .... AGAIN.
That is exactly what he is doing. His whole purpose is to destroy this great country
Meanwhile, and for the past three plus years, Congress has watched Hussein usurp its powers without a whimper. Congress has become a rubber stamp for our enslavement.
Holding my breath until Holder says that OB got it wrong.
New Black Panther Party spokesman: “I don’t obey the white man’s law, I don’t follow the American law.”
Defend the Constitution ping
To the contrary, Obama very much cares about the legitimate structure of the government, because he sees it as an obstacle.
"..and anymor ya chicken**** ya git mor"
You are right!
When are Judges going to call out Obama and remove him from office. He does not qualify to be pResident period! Obama has a big mouth, one lie after another. We have “NO” backbone from the Judicial Branch, Legislative Branch and let’s not forget the Media, Branch, and this includes FOX!
Let’s understand, too, that the “unelected” justices are appointed by our elected Senate, unlike Obama’s Czars who receive no scrutiny whatsoever.
I would like to have from you by noon on Thursday a letter stating what is the position of the Attorney General in the Department of Justice in regard to the recent statements by the President stating specifically, and in detailed reference to those statements, what the authority is in the federal courts in this regard in terms of judicial review,
The letter needs to be at least three pages, single-spaced and it needs to be specific,
Donate to Free Republic.
Click here or mail checks to:
Free Republic, LLC - PO Box 9771 - Fresno, CA 93794
I wonder if the DOJ realizes that if they blow him off, it might be another 20 years before the DOJ wins a case in a federal court.
Hell, they could lay off a ton of them high-priced attorneys... make them get some honest work!
Glad the judge did this. I would rather it have come from the 9th circuit. That would have been real news!
Article ll Section 2
Bailiff, Whack his pee-pee.
Yes, I said it properly in another post - confirmed by the Senate. Thanks for catching that. But the gist of the comment still stands, on their way to the bench judges face the scrutiny of the elected Senators from all 50 states, the czars face no one. For that matter, a judge can be impeached, can a czar be impeached?
Ooo, someone’s gonna get all wee-wee’d up!