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Obama spanked by Appeals Court for Comments...what say you??

Space Invader 2012/04/04 10:11:28
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BUSINESSFED APPEALS COURT TO DOJ: YOU HAVE UNTIL THURSDAY TO EXPLAIN WHAT THE PRESIDENT MEANT BY ‘UNPRECEDENTED’ & ‘UNELECTED GROUP’

Fed Appeals Court to DOJ: You Have Until Thursday to Explain What the President Meant by Unprecedented & Unelected GroupA federal appeals court has ordered the Justice Department to clarify comments made by the president when he said yesterday that it would be “unprecedented” for the Supreme Court to overturn his signature health care law (“Obamacare”).

“I am confident that this will be upheld because it should be upheld,” President Obama said.

“Ultimately I am 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 of a democratically elected Congress.”

He continued:

And I‘d just remind conservative commentators that for years what we’ve heard is the biggest problem on the bench was judicial activism or a lack of judicial restraint, that an unelected group of people would somehow overturn a duly constituted and passed law.

Well, this is a good example. And I’m pretty confident that this court will recognize that and not take that step.

And since making these remarks, a three-judge panel for the 5th Circuit Court of Appeals has told the DOJ that it has until Thursday to explain whether the Obama administration believes the courts have the right to strike down a federal law.

Fox reports:

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.


Judge Jerry Smith asked the government attorney whether Attorney General Eric Holder believes judges can strike down federal laws.

“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 Smith asked.

Fed Appeals Court to DOJ: You Have Until Thursday to Explain What the President Meant by Unprecedented & Unelected GroupThe DOJ lawyer, Dana Lydia Kaersvang, answered yes. The lawyer then cited Marbury v. Madison, “the landmark case that firmly established the principle of judicial review more than 200 years ago,” CBS News reports.

However, despite this “clarification,” Judge Smith was unsatisfied, specifically referencing when President Obama called the judges an “unelected group.”

Fed Appeals Court to DOJ: You Have Until Thursday to Explain What the President Meant by Unprecedented & Unelected Group“That has troubled a number of people who have read it as somehow a challenge to the federal courts or to their authority,” Judge Smith said. “And that’s not a small matter.”

He then told the attorneys that the DOJ must address this issue in “no less than three pages, single spaced” by noon on Thursday, according to Fox.

“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,” Smith said.

“What is the authority is of the federal courts in this regard in terms of judicial review?”

But what’s really going on here? Allahpundit of Hot Air (“Hot Gas,” if you’re from Texas) offers some insight:

…Obama himself never went so far yesterday as to say that the Supreme Court lacks the power to overturn laws. He said overturning ObamaCare specifically would be “unprecedented,” but no true-blue Warren-Court-loving lefty like The One would ever seriously impugn judicial review.

And the Fifth Circuit knows it. What they’re doing here is humiliating him as a way of getting him to stop the demagoguery, with the letter acting as the equivalent of a kid writing on the blackboard as punishment after class. “I will not question Marbury v. Madison, I will not question Marbury v. Madison, I will not question…”

Since the appeals court issued its order, the White House has responded via Press Secretary Jay Carney.

“Of course we believe that the Supreme Court has, and the courts have, as their duty and responsibility the ability of striking down laws as unconstitutional,” Carney said Tuesday, according to Fox.

Carney said the president was specifically talking about “the precedent under the Commerce Clause” regarding a legislature’s ability to address “challenges to our national economy.”

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  • princess 2012/04/07 02:39:38
    Couldn't happen to a nicer wanna-be dictator
    princess
  • Barbara Hasler 2012/04/06 07:14:23
    Obama sounded like a Jack-Ass
    Barbara Hasler
    I guess the Idiot in Chief finally got his comeupance and discovered that he did not walk on water! It should have happened long before this. It is obvious to me that he apparently missed the class on the duties of the three branches of government as outlined in the Constitution. Sorry Balmy but you are but a third of the goverence. Too bad you lost all reason when you were unfortunately elected president.
  • Annie~Pro American~Pro Israel 2012/04/06 06:57:31 (edited)
    Couldn't happen to a nicer wanna-be dictator
    Annie~Pro American~Pro Israel
    ALL OF ABOVE!! And, I bet Obama's butt is still blistering red right now. We will give him another butt whipping November 2012.

    spelling
  • peggy 2012/04/06 04:25:14
    Couldn't happen to a nicer wanna-be dictator
    peggy
    +1
    Swing away......totally inappropriate ignorance of someone who is not prepared for the office of the President. He's in way over his grey head
  • Candy 2012/04/05 04:26:11
    Couldn't happen to a nicer wanna-be dictator
    Candy
    +4
    Limbaugh called him out and said he did this knowing very well of checks & balances of powers and only pandered to the ignorant: The group who would accept anything he says without questioning (and media who will pick it up such as media matters, nbc, abc, cbs, msnbc, cnn) or doing American constitution research..
  • Beagle Mom 2012/04/05 01:35:31
    Couldn't happen to a nicer wanna-be dictator
    Beagle Mom
    +2
    Hahahaha! Hahahaha! This made me happy!
  • COCO 2012/04/05 00:52:36
    Couldn't happen to a nicer wanna-be dictator
    COCO
    +2
    EXCELLENTE!!!!! KICK IN THE ASS
  • TheTruth1313 2012/04/05 00:32:43
    Couldn't happen to a nicer wanna-be dictator
    TheTruth1313
    +3
    Obama. once again proved what a thin-skinned little cry-baby he truly is when something doesn't go his way or someone goes against him. Bottom line: Obama care is a socialist piece of trash policy that needs to be repealed with extreme prejudice. Next, we must band together and vote that lying socialist traitor the hell out of office. Make the pledge!!
  • ed 2012/04/04 23:54:36
    Couldn't happen to a nicer wanna-be dictator
    ed
    +2
    let the spanking begin.
  • COCO ed 2012/04/05 00:54:20
    COCO
    +2
    And lots more.
  • Angus 2012/04/04 23:41:46
    The DOJ won't respond
    Angus
    +3
    Unless Fűhrer Obama tells them to. His ass needs to be kicked out of the White House and thrown into Gitmo where he can rub cheeks with his Muslim brothers.
  • Cliff 2012/04/04 22:12:06
    Obama sounded like a Jack-Ass
    Cliff
    +2
    The jackass is going to find out that he is not the only one in town with an ego.
  • Tennessee3501 2012/04/04 21:54:33
    Obama sounded like a Jack-Ass
    Tennessee3501
    President Obama taught Consitutional Law and he should know better! How can you bully SCOTUS when the justices have lifetime appointments? He must be planning on having the CIA seize all 9 of them, transport them to Guantanamo Bay, and waterboarding them until they find Obamacare to be constitutional. Then he will blame the whole thing on Bush and Cheney!
  • SharonJohnson 2012/04/04 21:43:12
  • kaZappoo 2012/04/04 19:45:41
    Couldn't happen to a nicer wanna-be dictator
    kaZappoo
    +2
    now that not only the majority of the people know of obama's opinion of him self ..but now the majority of justices do as well ...

    and they dont appear to be ammused or impressed .....!
    a lesson here to obama " when you have a case against the courts " DONT PISS THE JUSTICES OFF ..........:)!
  • Bill 2012/04/04 19:06:19
    Couldn't happen to a nicer wanna-be dictator
    Bill
    +2
    I jumped up and cheered. Obama AND holder called on the carpet. I couldn't have been happier.
  • Arya 2012/04/04 18:51:56
    Couldn't happen to a nicer wanna-be dictator
    Arya
    +2
    "Experience hath shewn, that even under the best forms [of government] those entrusted with power have, in time, and by slow operations, perverted it into tyranny."-Thomas Jefferson
  • golem48 2012/04/04 18:20:11
    Couldn't happen to a nicer wanna-be dictator
    golem48
    +4
    In November he needs to get a right proper prancing from American voters...
  • voice_m... golem48 2012/04/04 19:40:10
    voice_matters
    will the doj then be allowed to answer the question?
  • cindy 2012/04/04 18:11:50
    Couldn't happen to a nicer wanna-be dictator
    cindy
    +3
    He needs a wake up call ,a Reminder , he is not King of this United States !!!!!
  • voice_m... cindy 2012/04/04 19:39:39
    voice_matters
    then why is the appeals court asking his doj if they can rule on the constitutionality of a law?
  • Fred 2012/04/04 17:51:44
    Couldn't happen to a nicer wanna-be dictator
    Fred
    +3
    OBAMA is a jackass
  • HypothesizeIt 2012/04/04 17:21:45
    Couldn't happen to a nicer wanna-be dictator
    HypothesizeIt
    +2
    What an idiot.
  • voice_m... Hypothe... 2012/04/04 19:41:15
    voice_matters
    i know but when libs want to ignore the facts and post crap what else can we do but attempt to share the facts.

    maybe you can explain to me who the appeals court should ask the question to if not the doj
  • Hypothe... voice_m... 2012/04/04 20:39:01
    HypothesizeIt
    True.
  • Ukie 2012/04/04 16:30:38
    Couldn't happen to a nicer wanna-be dictator
    Ukie
    +1
    They should do a "LOT" more than that!!
  • marcuss LIBERALS ARE TRAITORS 2012/04/04 16:28:35
    Couldn't happen to a nicer wanna-be dictator
    marcuss LIBERALS ARE TRAITORS
    +1
    He pissed off the supreme court yet AGAIN, not a good thing to do.
  • joe ramirez 2012/04/04 16:08:42
    Obama sounded like a Jack-Ass
    joe ramirez
    +2
    Obama nation and his regime needed this because they think they are above the Law and can dictate Law! I am elated that we have some body standing up to this presidential bully!
  • "Shooter" E-7 ™ 2012/04/04 16:07:58 (edited)
    Couldn't happen to a nicer wanna-be dictator
    "Shooter" E-7 ™
    +1
    He is the biggest jack ass in the history of this country as far as presidents are concerned. He ought to go back to Kenya and establish a monarchy type government. Freeging idiot!!
  • exhon2009 2012/04/04 16:05:59
    The DOJ won't respond
    exhon2009
    +2
    I'm guessing the DOJ is gong to go with the dog ate my homework excuse.
  • voice_m... exhon2009 2012/04/04 19:42:04
    voice_matters
    i am sure they are going to tell them exaclty what the appeals court powers are
  • exhon2009 voice_m... 2012/04/04 23:40:46
    exhon2009
    It cannot pay to pick a fight with a federal appeals court.
  • voice_m... exhon2009 2012/04/04 23:53:28
    voice_matters
    again the appeals court has asked the obama doj to inform them of what their powers are.
  • CODE 11 2012/04/04 15:59:12
    Obama sounded like a Jack-Ass
    CODE 11
    +5
    This Jack a** needs to go ! I can't believe there are enought stupid Democratcs out there to put him, back in.
  • The Gipper~PWCM~JLA 2012/04/04 15:57:42
    Couldn't happen to a nicer wanna-be dictator
    The Gipper~PWCM~JLA
    +2
    This guy is the biggest slimebag, whiny assed, piece of crap I've ever laid eyes on! He really needs to go!
  • voice_m... The Gip... 2012/04/04 19:42:53
    voice_matters
    then why is the appeals court asking for his doj to tell them their powers
  • The Gip... voice_m... 2012/04/05 15:23:35
    The Gipper~PWCM~JLA
    +1
    They're not asking him anything, they're scolding him for being an arrogant, ignorant, posturing bastard!
  • voice_m... The Gip... 2012/04/05 15:55:06
    voice_matters
    if you wish to ignore the facts that is your choice. so now tell me libby in libland how do you get inforamtion if you are not allowed ot ask questions. moh wait what a stupid question libs do not want to know the facts.
  • The Gip... voice_m... 2012/04/05 19:05:23
    The Gipper~PWCM~JLA
    Huh?
  • voice_m... The Gip... 2012/04/06 16:14:31
    voice_matters
    so now tell me libby in libland how do you get inforamtion if you are not allowed ot ask questions. oh wait what a stupid question libs do not want to know the facts.

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