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Appeals court fires back at Obama's comments on health care case

Discussion in 'U.S. Constitution & Law' started by southfork, Apr 3, 2012.



  1. southfork

    southfork Mother Lode Found Mother Lode

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    Bring it on, some judges aren't system lackies

    http://www.cbsnews.com/8301-504564_...-back-at-obamas-comments-on-health-care-case/


    Crossroads April 3, 2012 3:42 PM PrintText
    Appeals court fires back at Obama's comments on health care case
    By Jan Crawford Topics Supreme Court . (Credit: AP Photo/Carolyn Kaster)
    (CBS News) In the escalating battle between the administration and the judiciary, a federal appeals court apparently is calling the president's bluff -- ordering the Justice Department to answer by Thursday whether the Obama Administration believes that the courts have the right to strike down a federal law, according to a lawyer who was in the courtroom.


    The order, by a three-judge panel of the U.S. Court of Appeals for the 5th Circuit, appears to be in direct response to the president's comments yesterday about the Supreme Court's review of the health care law. Mr. Obama all but threw down the gauntlet with the justices, saying he was "confident" the Court would not "take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress."


    Overturning a law of course would not be unprecedented -- since the Supreme Court since 1803 has asserted the power to strike down laws it interprets as unconstitutional. The three-judge appellate court appears to be asking the administration to admit that basic premise -- despite the president's remarks that implied the contrary. The panel ordered the Justice Department to submit a three-page, single-spaced letter by noon Thursday addressing whether the Executive Branch believes courts have such power, the lawyer said.


    The panel is hearing a separate challenge to the health care law by physician-owned hospitals. The issue arose when a lawyer for the Justice Department began arguing before the judges. Appeals Court Judge Jerry Smith immediately interrupted, asking if DOJ agreed that the judiciary could strike down an unconstitutional law.


    The DOJ lawyer, Dana Lydia Kaersvang, answered yes -- and mentioned Marbury v. Madison, the landmark case that firmly established the principle of judicial review more than 200 years ago, according to the lawyer in the courtroom.


    Smith then became "very stern," the source said, telling the lawyers arguing the case it was not clear to "many of us" whether the president believes such a right exists. The other two judges on the panel, Emilio Garza and Leslie Southwick--both Republican appointees--remained silent, the source said.


    Smith, a Reagan appointee, went on to say that comments from the president and others in the Executive Branch indicate they believe judges don't have the power to review laws and strike those that are unconstitutional, specifically referencing Mr. Obama's comments yesterday about judges being an "unelected group of people."


    I've reached out to the White House for comment, and will update when we have more information.

    CBSNews.com Special Report: Health Care Reform
     
    Last edited: Apr 3, 2012
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  2. TomD

    TomD It blowed up, y'all Gold Chaser

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    To a narcissistic sociopath only his rights exist, only his need exists.

    If you examine the One's statements on the Court from yesterday, every phrase, every aspect of it was the result of astounding ignorance at best or a direct lie at worst. Maybe I have best and worst mixed up.

    Are we going to be stuck with this malevolent egotistical clown for 4-3/4 more years?
     
  3. Tbonz

    Tbonz Gold Member Gold Chaser

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    After hearing some of the "intelligent" things out of Dumbo's mouth the last few days I have come to a conclusion:

    Barrack Huessein Obama is a liar. He claims to be a constitutional lawyer, but he doesn't know that the SCUS can strike down a law as unconstitutional? First year law students know this.

    Obviously he must have missed class the day they discussed this at HARVARD! :beerglass::beerglass::beerglass:
     
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  4. budfox

    budfox I have become comfortably numb... Midas Member

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    The request will be ignored............
     
  5. arminius

    arminius Gold Member Gold Chaser

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    The CAPTAIN runs this SHIP...
     
  6. born_cross_eyed

    born_cross_eyed Seeker Seeker

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    You're being way to generous. This was covered in 6th grade Civics class when going over the basic structure of the U.S. government.

    Then again maybe that means Obama shouldn't be expected to know it, since he was probably in Malaysia or some **** at that age.
     
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  7. southfork

    southfork Mother Lode Found Mother Lode

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    Horrible Holder indicated today he will comply with the request.
     
  8. budfox

    budfox I have become comfortably numb... Midas Member

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    Interesting.....I look forward to it.
     
  9. gringott

    gringott Midas Member Site Supporter Midas Member

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    Somebody please send O'bama a copy of the Schoolhouse Rocks about the three branches of our government and checks and balances.
     

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