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Our disingenuous, obfuscating, lying president: "It would be 'unprecedented' for the Supreme Court to strike down Obamacare." Really???

Ken 2012/04/04 02:50:24
Obama lies again - will it ever stop?
This is a blatant attempt by President Obama to intimidate the Supreme Court, complete with a mistatement of facts!
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Appeals court fires back at Obama's comments on health care case
By
Jan Crawford
Topics
Supreme Court



(Credit:
AP Photo/Carolyn Kaster)

Updated 6:55 p.m. ET

(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." ["Strong majority?" This guy just can't help himself - his lying must be congenital!! Obamacare barely passed in the House and only passed in the Senate on a bare majority after the "Louisiana Purchase" and another 'special deal' for Nebraska were given to the senators of those two states to purchase their votes. And even then, it was passed only with the 'reconciliation' process which is normally used only for budget bills, in order to avoid a filibuster!]

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. [Much more than "implied" - "baldly stated" would be more accurate.] 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, suggesting it wasn't clear
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.
http://www.cbsnews.com/8301-504564_162-57408827-504564/appeals-court-fires-back-at-obamas-comments-on-health-care-case/


Judge upset by Obama's comments on health law

Apr. 3, 2012 06:18 PM

Associated Press





HOUSTON -- A federal appeals
court judge seems to have taken offense at comments President Barack
Obama made this week in which he warned that if the Supreme Court
overturned his signature health care overhaul it would amount to
overreach by an "unelected" court.


The Supreme Court is set to rule later this year on the overhaul's fate.


During oral arguments Tuesday in Houston in a separate challenge to
the health care law, U.S. 5th Circuit Court of Appeals Judge Jerry Smith
said Obama's comments troubled people who have read them as a challenge
to federal courts' authority.


While judicial review of laws has long been established, Smith
ordered a federal attorney to submit a letter by Thursday stating the
government's position on this issue in light of the Obama's comments.



Read more: http://www.azcentral.com/news/articles/2012/04/03/20120403texas-judge-upset-by-obamas-comments-health-law.html#ixzz1r29aUZqa


Comment:
Here we have a president who has nothing but disdain for the
Constitution and its system of checks and balances on presidential
power, also having called it a "seriously flawed" document because it
doesn't allow for "redistributive justice." Now he has attacked the
very authority of the courts to strike down laws passed by congress as
unconstitutional, and falsely stated that it would be "unprecedented" if
the Supreme Court were to strike down "Obamacare." Unprecedented?
Since the case of Marbury vs. Madison in 1803, over 180 laws passed by
congress and signed by the president have been declared
unconstitutional! If we don't have a system of "checks and balances",
three branches - legislative, executive and judicial - that are able to
check the power of one-another, we will end up as a tyranny! Which side
is our president on?
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Top Opinion

  • texasred 2012/04/04 03:43:54
    This is a blatant attempt by President Obama to intimidate the Supreme Court,...
    texasred
    +9
    Obama is the most corrupt person we've ever seen in our government. THE MOST CORRUPT!!!

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  • carolynb Kiosk Kid 2012/04/05 16:50:40
  • Kiosk Kid carolynb 2012/04/05 18:29:44
    Kiosk Kid
    CBO says 1.75 trillion.

    Notice they didn't provide a reference in the CBO report because it is garbage.
  • Ken carolynb 2012/04/05 22:59:44
    Ken
    Obviously you have no problem with a government policy that takes away the freedom of a doctor so long as he is forced to give you the benefit of his services. Way to go - Marxism at work!
  • carolynb Ken 2012/04/06 12:49:33
    carolynb
    I dont like being charged $150 for 5 minutes with a doctor, so I guess if that makes me a marxist. Oh, well. It is like paying $20 for a steak and finding out it is horse meat.
  • Ken Kiosk Kid 2012/04/04 19:45:04
    Ken
    +2
    Neither is a bare majority in the Senate, where the votes of senators from Nebraska and Louisiana were bought by exemptions of those states from some of the more onerous expenses on the states, and where the "reconciliation" procedure was invoked, which is normally reserved for votes on budgets, to avoid a filibuster.
  • Kiosk Kid Ken 2012/04/04 22:33:25
    Kiosk Kid
    +1
    Very true
  • Ken carolynb 2012/04/04 19:43:31
    Ken
    +1
    "Scumbag tea party gang?" You are indeed beyond help. I guess you like the fact that you are in the age group that will be denied coverage and told to go home and "take the pain pill."

    Did you know that in Great Britain under their government "single payer" health care, women your age, and a lot younger, are told to "live with it" when diagnosed with breast cancer? Make no mistake about it, that would be the end result of Obamacare if it is fully implemented in this nation.

  • carolynb Ken 2012/04/04 21:00:09
    carolynb
    As long as that pain pill makes me happy, I dont care. lol Seriously, though, you are talking about government insurance and free market insurance that will govern us. Free market insurance is the one you need to be afraid of, not the govt insurance. They only care about profit,and if they dont make a big enough profit, that is when they will refuse to take care of you. You have it backwards.
  • Ken carolynb 2012/04/04 22:26:16
    Ken
    +1
    "They only care about profit. . . " That's the point of our free market system, and if one health care insurance company is too hung up on its profits, another can undercut it, if there is nation-wide competition. If you really believe you have nothing to fear in the government handling your health care, you really need to learn about what has happens when health care is under government control.

    http://www.nationalcenter.org...

    http://healthcare-economist.c...

    http://en.wikipedia.org/wiki/...

    http://www.cbc.ca/health/stor...
  • carolynb Ken 2012/04/05 13:05:39
    carolynb
    You should be happy that insurance companies are involved then, shouldnt you? It is just like any other company. They start out by undercutting every other insurance company, get everyones business, and then when they have the monopoly, charge whatever they want. Free market does not belong in our healthcare, but it is what we got now. I would have preferred a public option, but repubicans would never have allowed it, so it wasnt even on the table.
  • Kiosk Kid carolynb 2012/04/05 01:14:29
    Kiosk Kid
    Tell that to Western European countries. The Netherlands dumped their single payer system to adopt a private market insurance system. Canada is thinking about it.

    “Nine medical societies, including the American Society of Clinical Oncology and the American College of Cardiology, representing nearly 375,000 physicians are challenging the widely held perception that more health care is better, releasing lists Wednesday of tests and treatments their members should no longer automatically order.”

    "A lot of testing now done in medicine involves tests that are not especially accurate, tests done solely to protect against the fear of lawsuit and due to hyping of tests by manufacturers, providers and hospitals" says Caplan,”

    http://www.msnbc.msn.com/id/4...

    Tort reform will lower your medical insurance. It will stop wasting money on unnecessary test. However, there is no tort reform in Obamacare.
  • carolynb Kiosk Kid 2012/04/05 13:07:37
    carolynb
    Like all bills, they can include it later if they see it will make the law better. That is what we do. This will at least give us a starting point. We need to do something.
  • Kiosk Kid carolynb 2012/04/05 13:39:39 (edited)
    Kiosk Kid
    Liberals are against tort reform because tort lawyers give the party huge donations to stop tort reform.

    We need to dump Obamacare and start over.
  • carolynb Kiosk Kid 2012/04/05 13:56:06
    carolynb
    Ok, I am game. Replace it with what?????
  • Kiosk Kid carolynb 2012/04/05 14:48:00
    Kiosk Kid
    Tort Reform. Next time we need to get the doctors and nurses involved.

    "Affordable Care Act--its expansion of Medicaid coverage to 16 million more Americans--may actually reduce those individuals' access to health care."

    "In many cases, Medicaid pays doctors less than it costs to care for Medicaid patients, meaning that doctors face the choice of caring for the poor, and going broke, or shutting their doors to Medicaid patients. One survey found that internists were 8.5 times as likely to accept no Medicaid patients at all, relative to those with private insurance. Another found that two-thirds of kids on Medicaid were denied a doctor's appointment for a serious condition, relatively to only 11 percent for the privately-insured."

    http://www.theatlantic.com/bu...
  • carolynb Kiosk Kid 2012/04/05 15:08:13
    carolynb
    I want you to give me an answer. What do you want to do with our healthcare? It is unastainable the way it is right now.
  • Kiosk Kid carolynb 2012/04/05 16:49:18
    Kiosk Kid
    It is going to get much worse under Obamacare.

    The first thing we need to do is cut out procedure that accomplish nothing. We need to stop lining the pockets of lawyers. Doctors pay hundred of thousand of dollars of insurance just to protect themselves against multi million dollar law suite.

    Drug companies pay millions in lawsuits which add to the cost of their drugs. There was no tort reform in Obamacare which really would have driven down cost.

    There is a lot of fraud in Medicare and Medicaid but again Liberal are against doing anything about it. Nothing in Obamacare.
  • carolynb Kiosk Kid 2012/04/05 16:53:57
    carolynb
    I know all this and they have already found millions in fraud so they are doing something about it. How would you fix healthcare? My old boss told me, quit complaining and tell me how to fix it. So, what is your answer?
  • Kiosk Kid carolynb 2012/04/05 18:42:57 (edited)
    Kiosk Kid
    I told you start with tort reform and get doctors and nurses involved. Just with tort reform, eliminating unnecessary treatment, and eliminating fraud, you will probably see a 30 percent cost decline.

    Doctors and nurses can tell you what's wrong with the system.

    The AMA was destroyed by doctors because it supported Obamacare.

    Doctors don't want big government dictating their treatment.
    Doctors want tort reform.
    Doctors want to eliminate fraud in the system.
    Doctors want to eliminate unnecessary treatments.

    Obamacare did nothing to reduce cost. It was a welfare programs designed to buy votes for the party. If Obamacare isn't a welfare program, why does it cost 1.75 trillion. It going to cost much more then that if 40 percent of the doctors quit.

    Your doctors appointment will cost more then $300 because of the supply of doctors and demand of patients.
  • marcuss... carolynb 2012/04/04 19:58:18 (edited)
    marcuss LIBERALS ARE TRAITORS
    +1
    The vote FOR 0WEbama care had 6 DEMOCRAT senators that were appointed not elected.
  • carolynb marcuss... 2012/04/04 21:00:53
    carolynb
    Who are they? I never heard of a senator being appointed.
  • marcuss... carolynb 2012/04/05 00:17:31
    marcuss LIBERALS ARE TRAITORS
    +1
    Here are 4 still reaserching the other 2.

    Look who voted FOR 0webama care that were APPOINTED not elected to their seat.



    http://bioguide.congress.gov/...
    http://bioguide.congress.gov/...
    http://bioguide.congress.gov/...
    http://bioguide.congress.gov/...
  • carolynb marcuss... 2012/04/05 13:08:34
    carolynb
    File not found. Where is it???
  • marcuss... carolynb 2012/04/05 13:13:19
    marcuss LIBERALS ARE TRAITORS
    http://www.senate.gov/artandh...

    Read at the bottom of the list of appointed senators and look up how they voted for 0WEbama care. I dont know why those links dont work now.
  • carolynb marcuss... 2012/04/05 13:21:26
    carolynb
    I dont get your point. If those states have the laws, why do you think they shouldnt be allowed to vote? For your information, most of the progressive dems didnt like this bill. They wanted a public option and Bernie Sander, who is independent also didnt feel it went far enough. His state is going to get single payer for all. His is a democratic state.
  • marcuss... carolynb 2012/04/05 13:51:21
    marcuss LIBERALS ARE TRAITORS
    They were APPOINTED not elected. Just like 0WEbama said about the supreme court because they are going to deem 0WEbama care unconstitutional.
  • carolynb marcuss... 2012/04/05 14:00:15
    carolynb
    Oh, that is what you were referring too. I didnt get your point. Well, this is another reason to vote for Obama, so when Kennedy steps down, we can get a liberal in there. Since they vote along party lines, maybe we will have more fairness in scotus. Oh, by the way, they just passed a law saying that you can get strip searched when taken in for a minor offense. Who is taking away our freedoms again? It sure isnt Obama. You need to check your right wingers.
  • marcuss... carolynb 2012/04/05 14:06:53
    marcuss LIBERALS ARE TRAITORS
    Another reason to vote for 0WEbama? Why so you can have more socialist control of your life?

    You might need the government to control your life but the MAJORITY of Americans are against it. Maybe Cuba or some other country would suit you better. You would fit right in in one of those countries.
  • carolynb marcuss... 2012/04/05 14:28:54
    carolynb
    I am assuming by your remarks that you dont watch the news at all. It isnt Obama who is taking our freedoms away, but the right wing koch brothers agenda. You really need to pay attention to what is going on in the states and the scotus. Have a good day.
  • marcuss... carolynb 2012/04/05 18:29:04
    marcuss LIBERALS ARE TRAITORS
    LOL! Of course its not 0WEbama, you insane LWNJs always have to blame someone else just like your dear leader.
  • fluer Kiosk Kid 2012/04/04 22:19:57
    fluer
    +2
    Absolutely true. But are you really surprised at Obama's idiot moves? I mean really who declares war on the very court system that has refused to hear his natural born citizen cases? Open that can of worms!!!!!!
  • Kiosk Kid fluer 2012/04/05 02:03:14
    Kiosk Kid
    +1
    I think that one of the Obama appointed Supreme Court members told Obama the outcome of the vote on Obamacare. Obamacare is either entirely dumped or the really important individual mandate is dumped.

    He came out with his criticism of the Supreme Court just after the vote.

    He had a temper tantrum just like a little kid.
  • fluer Kiosk Kid 2012/04/05 11:22:09
    fluer
    +1
    sure did!
  • Ken carolynb 2012/04/04 19:37:38
    Ken
    +1
    Excuse me, but Obama said a lot that wasn't true. First, it will not be "unprecedented" for the Supreme Court to strike down a law as unconstitutional. It has been done over 180 times since the case of Marbury vs. Madison found it was the Court's duty to determine the constitutionality of legislation, in 1803.

    Second, it was not passed by a "strong majority." The margin in the House of Representatives was 219 representatives for and 212 against - a margin of 7. In the Senate it was even closer, a bare majority, after Obama and Reid cut "deals" with the senators from Nebraska and Louisiana exempting their states from some of the more onerous expenses in the act. In fact Harry Reid took the unprecedented route of invoking "reconciliation" in a non-budget bill, so that the minority could not use a filibuster to stop the vote. And today, Obamacare is grossly unpopular with the people, with polls showing upwards of 60% of the people wanting the "individual mandate" or the entire bill repealed.
  • carolynb Ken 2012/04/04 21:04:41
    carolynb
    I dont doubt that alot of people dont want to pay for insurance. I dont either. I pay over $4000 a year for my healthcare, but I am smart enough to know that I need it if I get extremely ill. Other people want to let someone else pay for it when they go to the emergency room. Conservatives "say" everyone should be responsible for themselves except when it comes to their own healthcare. More hypocrisy.
  • Ken carolynb 2012/04/04 22:30:55
    Ken
    +1
    You pay over $4000 a year for a Medicare supplemental policy? Wow! Tell us why it is hypocritical to say that people should be responsible for themselves in regards to their healthcare or any other area of their lives.

    Since I've been on Medicare, they've been making money off of me. I haven't even used the amount I pay in my Medicare premiums, around $1200 a year, in my single annual visit to the doctor's office.
  • carolynb Ken 2012/04/05 13:12:57
    carolynb
    I pay $4000 which includes medicare and my supplemental and my prescriptions. I am glad to hear that you are healthy, but if something happens and you need tests just one time, you have gotten paid back for the whole year for just one battery of test. I have to have yearly tests, and last time it was over $2000 for those tests which I could never have paid out of pocket. I may go to the doctor 4 to 6 times a year, but it the tests that cost all the money. Dont brag too much, because I can almost guarantee that at your age, you will be more than happy to have that insurance.
  • Flash,aka,Mr.Lightning 2012/04/04 12:08:25
    Undecided
    Flash,aka,Mr.Lightning
    +3
    Dang it! Ment to click 'all of the above'.
    The Clown is a lying fraud. Remember he dissed the SC before at the state of the union.
    Hope Justice Kennedy throws it back in his face with his vote.
    Only Toad Kagan agrees with Obies view.
  • dallas Flash,a... 2012/04/04 12:29:43
  • Flash,a... dallas 2012/04/04 16:18:22
    Flash,aka,Mr.Lightning
    +2
    As an Independant I know who the liar is!
    e mc2s

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