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Keyword: scotus

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  • Court's Obama order a 'hissy fit'

    04/05/2012 6:07:31 AM PDT · by Oldeconomybuyer · 57 replies
    CNN ^ | April 5, 2012 | by Jeffrey Tobin. CNN Senior Legal Analyst
    (CNN) The Fifth Circuit's homework assignment to the Department of Justice is a disgrace -- an embarrassment to the federal judiciary. Still, it's a useful window on the contemporary merger of law and politics. This is not judging. This is a judicial hissy fit. The Supreme Court will determine the constitutionality of the health care law, and the president will, as he must, abide by that judgment whether he agrees with it or not. In the meantime, however, the president, like all Americans, enjoys the right to express himself on what the court should do in that or any other...
  • Judge Napolitano: I Think the President Is Dangerously Close to Totalitarianism (Video)

    04/05/2012 3:53:04 AM PDT · by servo1969 · 27 replies ^ | 4/4/2012 | Jim Hoft
    Don’t hold back, Judge. FOX News contributor Judge Napolitano told Neil Cavuto today, “I think the president is dangerously close to totalitarianism. A few months ago he was saying the Congress doesn’t count. The Congress doesn’t mean anything. I am going to rule by decree and by administrative regulation. Now he’s basically saying the Supreme Court doesn’t count. It doesn’t matter what they think. They can’t review our legislation. That would leave just him as the only branch of government standing.”
  • White House in damage control over Obama Supreme Court remarks (No Comments Allowed!)

    04/04/2012 11:55:15 PM PDT · by Islander7 · 51 replies
    Reuters ^ | April 4, 2012 | By Alister Bull (<-- No joke!)
    The White House was forced on the defensive on Wednesday as it sought to explain controversial remarks President Barack Obama made earlier in the week about the Supreme Court's review of his signature healthcare reform law. "What he did was make an unremarkable observation about 80 years of Supreme Court history," Carney told reporters during a White House briefing dominated by the topic.
  • Former Law Professor Says Obama Misspoke on Supreme Court

    04/04/2012 5:51:26 PM PDT · by tobyhill · 72 replies
    fox news pheonix ^ | 4/4/2012 | NewsCore
    Constitutional law scholar Laurence Tribe, a Harvard Law School professor and former mentor to President Barack Obama, said the president "obviously misspoke" earlier this week when he made comments about the Supreme Court possibly overturning the health care law. Tribe, who calls the president one of his best students, said in an interview, "He didn't say what he meant ... and having said that, in order to avoid misleading anyone, he had to clarify it." Tribe said he saw no reason for the president to express his views on the matter, because everyone already knows he wants the case upheld....
  • Law professor: Impeach Supremes if they overturn Obamacare

    04/04/2012 5:03:20 PM PDT · by RobinMasters · 44 replies
    Hot Air ^ | APRIL 4, 2012 | TINA KORBE
    Like conservatives, law professor David R. Dow thinks it’s disappointing that the Supreme Court vote on the constitutionality of the Obamacare individual mandate will likely fall along partisan lines — but his disappointment stems from his utter conviction that the individual mandate is constitutional. He’s so convinced of it that he thinks any Supreme Court justice who votes to overturn Obamacare should be impeached. He cites Thomas Jefferson’s call to impeach Justice Samuel Chase as an historical reminder that impeachment is and should be an option for justices who undermine constitutional values. I agree with him that impeachment of justices...
  • What Obama Will Say if Obamacare Loses

    04/04/2012 2:53:32 PM PDT · by Evil Slayer · 22 replies ^ | 4/4/12 | Rush Limbaugh
    BEGIN TRANSCRIPT RUSH: Frank in Salt Lake City. You're up first. Great to have you on the program. Hi. CALLER: Hello, Rush. How are you? RUSH: Very well, sir. Thank you. CALLER: Good. I've been listening to you since the mid-eighties when I used to take my kids fishing on the Sacramento River. RUSH: Wow. Yeah, you are a lifer. CALLER: Well, listen, here's my comment. I believe that what Obama has done here is light the fuse to question the Constitution. He's done it through the mechanism of going after the Supreme Court and questioning the Supreme Court's authority...
  • The brightest guys in the room

    04/04/2012 2:47:44 PM PDT · by agee · 17 replies
    Founding Ideals ^ | 04/04/2012 | Aaron Gee & Steve Graff
    My father, a high school teacher, used to joke “Those that can – do, those that can’t – teach, those that can’t teach – teach teachers”. I never expected that axiom to be true of the President of the United States, until yesterday. Obama’s answer to a reporter’s question clearly demonstrated that you didn’t want professor Obama for constitutional law. Not if you want to pass that bar that is. Methinks President Obama’s previous life as a community organizer fits the teaching teachers part of the axiom pretty well. If you missed it, President Obama was asked to clarify...
  • The Brightest Guys in the Room?

    04/04/2012 2:30:17 PM PDT · by stevegraff · 3 replies
    My father, a high school teacher, used to joke “Those that can – do, those that can’t – teach, those that can’t teach – teach teachers”. I never expected that axiom to be true of the President of the United States, until yesterday. Obama’s answer to a reporter’s question clearly demonstrated that you didn’t want professor Obama for constitutional law. Not if you want to pass that bar that is. Methinks President Obama’s previous life as a community organizer fits the teaching teachers part of the axiom pretty well... (Read More at
  • Judge Napolitano: Rush is Right

    04/04/2012 1:28:45 PM PDT · by Kaslin · 13 replies
    Rush ^ | April 4, 2012 | Rush Limbaugh
    BEGIN TRANSCRIPT RUSH: Judge Napolitano was on Fox this morning, America's newsroom. That's the show with Martha MacCallum and Bill Hemmer. And Martha MacCallum did this segment. She had Napolitano on, and she played a clip of me defining judicial activism, as I did on this program yesterday. I said, "Judicial activism does not happen when you follow the law. Judicial activism is when you don't follow the law. Obama is trying to redefine that, too," and after playing a couple of sound bites of me, Martha turned to the judge and said, "Judge, I know you have a lot...
  • Again! WH warns of 'unprecedented' SCOTUS ruling

    04/04/2012 1:06:43 PM PDT · by tellw · 115 replies
    Washington Examiner ^ | 4/4/2012 | Joel Gehrke Commentary Staff Writer
    President Obama's spokesman reiterated that a Supreme Court ruling against Obamacare would be "unprecedented," but even when explaining why that claim should stand, he fumbled Supreme Court history. "It would be unprecedented in the modern era of the Supreme Court, since the New Deal era, for the Supreme Court to overturn legislation passed by Congress designed to regulate and deal with a matter of national economic importance like our health care system," White House Press Secretary Jay Carney said today. "It has under the Commerce Clause deferred to Congress's authority in matters of national economic importance." Carney also said that...
  • Americans Are Worrying About the Constitution Again

    04/04/2012 11:36:19 AM PDT · by Mikey_1962 · 9 replies
    Rasmussen ^ | 4-4-12 | Michael Barone
    "I don't worry about the Constitution," said Rep. Phil Hare, Democrat of Illinois, at a town hall meeting where voters questioned his support of the legislation that became Obamacare. You can find the clip on, where it has 462,084 hits. That was before the 2010 election, in which Hare, running for a third term in a district designed by Democrats to elect a Democrat, was defeated 53 to 43 percent by Bobby Schilling, proprietor of a pizza parlor in East Moline. A lot of politicians are worrying about the Constitution these days. Liberal commentators were shocked this past week...
  • Obama Understands Judicial Review, But Counts on the Ignorance of His Audience

    04/04/2012 11:54:25 AM PDT · by Kaslin · 6 replies
    Rush ^ | April 4, 2012 | Rush Limbaugh
    BEGIN TRANSCRIPT RUSH: Barack Obama a couple of days ago gets a question at a joint preference with Stephen Harper and Felipe Calderon about the Supreme Court decision coming up on Obamacare. And what he says makes it sound like he doesn't understand the concept of judicial review, which was established in a long ago Supreme Court case called Marbury v. Madison in which the Court appointed to itself the job, the right of determining what and what isn't constitutional in terms of what comes out of Congress. And it's been that way for hundreds of years. Obama implicitly --...
  • Rush predicts Obama's response to Supremes

    04/04/2012 12:44:15 PM PDT · by Kevin in California · 14 replies ^ | 04-04-12 | Joe Kovacs
    If the U.S. Supreme Court tosses out Obamacare, radio giant Rush Limbaugh predicts President Obama will blame Republican justices, whose homes might become the target of political protest.
  • Pelosi predicts 6-3 victory for health law

    04/04/2012 12:25:23 PM PDT · by Beave Meister · 23 replies
    The Washington Times ^ | 4/4/2012 | Stephen Dinan
    House Minority Leader Nancy Pelosi on Tuesday predicted the Supreme Court will uphold the health care law on a 6-3 vote, saying she and her colleagues "wrote the bill in an ironclad way." "I'm predicting 6-3 in favor," Mrs. Pelosi told the Paley Center for Media. "We shall see. It's a lesson in civics, and I respect it." She didn't say which six justices she thought would uphold the law. Unlike the White House, which said it is not thinking ahead to what happens if the court strikes down part or all of the law, Mrs. Pelosi did grapple with...
  • Impeach the Supreme Court Justices If They Overturn Health-Care Law

    04/04/2012 10:51:02 AM PDT · by SeekAndFind · 90 replies
    Daily Beast ^ | 04/04/2012 | David R. Dow
    You think the idea is laughable? Thomas Jefferson disagreed with you. Jefferson believed Supreme Court justices who undermine the principles of the Constitution ought to be impeached, and that wasn’t just idle talk. During his presidency, Jefferson led the effort to oust Justice Salmon Chase, arguing that Chase was improperly seizing power. The Senate acquitted Chase in 1805, and no Justice has been impeached since, but as the Supreme Court threatens to nullify the health-care law, Jefferson’s idea is worth revisiting. The problem with the current court is not merely that there is a good chance it will strike down...
  • Mathematically Speaking, Obamacare Cannot Survive

    04/04/2012 7:34:08 AM PDT · by Kaslin · 17 replies ^ | April 4, 2012 | Mike Shedlock
    Open issues abound on healthcare. Will the Supreme Court strike it down? If so, who is to blame? Who are the winners and losers? Will healthcare help or hurt the Republican chances? First please consider Obama delivers warning over healthcare law Barack Obama has delivered a surprisingly strong warning to the US Supreme Court, saying that it would be guilty of an “unprecedented” case of “judicial activism” if it overturned his signature healthcare law. On Monday the president said he was “confident” the law would be upheld, questioning how an “unelected group of people” could overturn a law approved by...
  • Obama Is Making the Case For His Own Impeachment

    04/04/2012 9:49:17 AM PDT · by servo1969 · 23 replies ^ | 4/4/2012 | Tony Katz
    The President’s latest tactic, taking on the Supreme Court’s power of judicial review with a preemptive striking against justices who might contemplate an unfavorable ruling on ObamaCare, following on the heels of last week’s "open mic gaffe" in which he explained Russian President Dimitri Medvedev that he’d have more “flexibility” to sacrifice American security after his re-election, lead to one question: Is Barack Obama making his own case for impeachment? Obama is no longer fit for the job. I don’t say this lightly. I don’t say it with glee or joy. And I don’t say it with malice. But rather...
  • FACT CHECK: Obama's incomplete history lesson

    04/04/2012 9:40:06 AM PDT · by Free ThinkerNY · 4 replies
    Associated Press ^ | April 4, 2012 | CALVIN WOODWARD
    WASHINGTON (AP) -- Few would quarrel with President Barack Obama's point that the Republican Party has drifted to the right in recent years, disavowing ideas it once embraced - even created. But making that case in a major campaign speech, Obama ignored realities in his own Democratic ranks. For one, it was opposition from coal-state Democrats that sank cap-and-trade legislation to control greenhouse gas emissions, not just from those arch-conservative Republicans.
  • It's On: 5th Circuit Dares Obama to Deny Power of Judicial Review

    04/04/2012 5:11:33 AM PDT · by expat1000 · 53 replies
    Breitbart News ^ | April 4, 2012 | Breitbart News
    Jan Crawford of CBS reports that a three-member panel of the 5th Circuit Court of Appeals has ordered the U.S. Department of Justice to "answer by Thursday whether the Obama Administration believes that the courts have the right to strike down a federal law." The response is to be three pages long, single-spaced, according to an unnamed lawyer who was in the courtroom. The court's response appears to be a direct challenge to President Barack Obama's attack yesterday on the Supreme Court and the power of judicial review, which federal courts have exercised for over 200 years.
  • [Liberal] Ruth Marcus: Obama should know better

    04/04/2012 7:34:02 AM PDT · by Oldeconomybuyer · 26 replies
    Lincoln Journal Star (NE) ^ | April 4, 2012 | by Ruth Marcus
    To be clear, I believe the individual mandate is both good policy and sound law, well within Congress' powers under the Commerce Clause. I think overturning the mandate would be bad not only for the country but for the court itself. Especially in the wake of Bush v. Gore and Citizens United. And yet, Obama's assault on "an unelected group of people" stopped me cold. Because, as the former constitutional law professor certainly understands, it is the essence of our governmental system to vest in the court the ultimate power to decide the meaning of the Constitution. Even if, as...