Theodore's World: Judges order Justice Department to clarify Obama remarks on health law case~ GOOD For This Judge!!

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April 04, 2012

Judges order Justice Department to clarify Obama remarks on health law case~ GOOD For This Judge!!

Yesterday President Obama said in the Rose Garden of the White House, “I’m confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority, a democratically elected Congress.”

Now an appeals court is demanding Attorney General Eric Holder to clarify the president’s comments. Judge Jerry Smith of the Fifth Circuit Court of Appeals requested , “I would like to have from you by noon on Thursday, that’s about 48 hours from now, a letter stating what is the position of the attorney general and the Department of Justice in regard to the recent statements by the president, stating specifically and in detail in reference to those statements what the authority is of the federal courts in this regard in terms of judicial review. That letter needs to at least three pages single spaced, no less, and it needs to be specific.”

Charles Krauthammer told Bret Baier on Special Report that, “ObamaCare passed by seven votes, it was a very narrow majority … so on every count he doesn’t have an argument. The liberals are in shock over watching their side being demolished in oral arguments and trying to bully the Supreme Court into ending up on their side.”


Judges order Justice Department to clarify Obama remarks on health law case

FOX News

A federal appeals court is striking back after President Obama cautioned the Supreme Court against overturning the health care overhaul and warned that such an act would be “unprecedented.”

A three-judge panel for the 5th Circuit Court of Appeals on Tuesday ordered the Justice Department to explain by Thursday whether the administration believes judges have the power to strike down a federal law.

One justice in particular chided the administration for what he said was being perceived as a “challenge” to judicial authority — referring directly to Obama’s latest comments about the Supreme Court’s review of the health care case.

The testy exchange played out during a hearing over a separate ObamaCare challenge. It marked a new phase in the budding turf war between the executive and judicial branches.

“Does the Department of Justice recognize that federal courts have the authority in appropriate circumstances to strike federal statutes because of one or more constitutional infirmities?” Judge Jerry Smith asked at the hearing.

Smith also made clear during that exchange that he was “referring to statements by the president in the past few days to the effect … that it is somehow inappropriate for what he termed unelected judges to strike acts of Congress.”

“That has troubled a number of people who have read it as somehow a challenge to the federal courts or to their authority,” Smith said. “And that’s not a small matter.”

Smith ordered a response from the department within 48 hours. The related letter from the court, obtained by Fox News, instructed the Justice Department to provide an explanation of “no less than three pages, single spaced” by noon on Thursday.


Wild Thing's comment..........

God bless this Judge!!

Obama is in big trouble and he should be. I hope he gets blasted for this. The sad and pathetic thing is, if you were to walk down the street and ask oh say 20 people, I bet not even half would know about this or how our government works.

Posted by Wild Thing at April 4, 2012 12:55 AM


Half not know about this or how our government work? Liberal education at its finest.

Posted by: Anonymous at April 4, 2012 04:02 AM

Half! I bet you a wine to a beer of no more than 2. See if Leno will do the street walk.

Posted by: Odin at April 4, 2012 07:20 PM

Thanks for the input.

Posted by: Wild Thing at April 5, 2012 12:45 AM

I believe President Obama feels he has power over courts, He can do what he when he wants and everyone is going to sit and deal with it. If I tell the courts they can't change it they would and if they do . I will just put out an executive order to make what he wants to happen. The heck with the Constitution. He also explains that as he understands it. Not the way it really is understood by our forefathers as they made the Constitution for the people, by the people,in the persuit of true happiness. It seems to be for the president,by the president no matter who else says anything about. This is very frustrating for the American for a President who promise to follow and protect the Constitution or the United States. My father served 23years in the service of our country and I served four years in the service of this country. The Constitution means a lot to us the way it supposed to not the way this President wants it be. Thank you and Thank God so far We still have the first amendment right to freedom of speach. Before he tries to take that from us next. God Bless America and our God Given rights under the Constitution and please lets keep them the way they are suppose to be, Executive, legislative and judicial branches. Let them each their job. For the people by the people.

Posted by: Edward M. Mello Jr at April 9, 2012 10:05 PM