When Obama warned the Supreme Court that ruling ObamaCare unconstitutional would be unprecedented, he received some fiery blowback from the Fifth Court of Appeals, which covers portions of Louisiana, Mississippi and Texas. You remember that Obama and the Department of Justice are already held in contempt by a Louisiana Judge. Think this administration cares? They don’t. Fifth Circuit Court Judge Jerry Smith is demanding that the DOJ, by this Thursday, submit a three page written document, specific and SINGLE SPACED, explaining whether Obama and the DOJ believes the Supreme Court does or does not have the authority to strike down an illegal (unconstitutional) law. Judge Smith said the President’s remarks were “not a small matter.”
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. Source: BusinessInside
We have a third co-equal branch of government for just this reason. When you have a corrupt Congress and a corrupt President, we thankfully have the Supreme Court to rely on. Even the court is dicey these days. It seems the opinon will rest on that of Justice Anthony Kennedy – know as the swing vote. SCOTUS Justices are appointed for life with the idea that they will not be idealogues and their own politics will not rule their opinions, but that they will base their decisions on the clear intent of the U.S. Constitution. Today we have at least three Justices, Gingsburg, Sotomayor and Kagan, who disdain the Constitution, and believe it should be a living, breathing document – intended to be changed by those in power at the time.
JUDGE JERRY SMITH: I would to have from ou 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 statement by the President, stating specificly and in detail in reference to those statements wht the authority is of the Federal Courts in this regard in terms of Judicial review.
That letter needs to be at least three pages single spaced, no less, and it needs to be specific.
Now let’s see if the DOJ hops to, or thumbs it nose, as they are wont to do. Here’s the story of the Louisiana contempt charges. Las Vegas should be making book on whether Holder replies to the Fifth Circuit. I’m betting he does not. Contempt of Court is no big thing to this White House. Read more at Lawyer Mom’s Musings.
If the video disappears or refuses to play, view it here.
Judge Jerry Smith Tries to Tell DOJ What To Do (video)
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Posted by Maggie @ Maggie’s Notebook
I know of some who reject Marbury vs Madison. Conversely, I know of those who support it. It could be said that everything I know is wrong. I reject that conclusion. What I do know is we must continue to debate the issues. That is the foundation of American democracy. Some may define it as the ‘mob mentality’ but I vigorously support the notion of debate to find solutions.
Whether where we are at does that or not I have no clue. But I love my country nonetheless and hope we will get there in due time.
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If Holder doesn’t respond, impeachment is in order.
Obama overstepped when he warned the Supreme Court to rule in favor of ObamaCare. And a lot of voters know this, too — even voters who previously supported Obama or who were leaning toward voting for Obama in November.
Let’s see….How many times has Obama overreached in the past several weeks?
1. Trayvon Martin case
2. Certain words to the Russian President
3. The birth control mandate
4. Now, this threatening of the Supreme Court.
Obama’s mask has slipped. Why? Because he likely knows that he’s in real trouble for November.
Always On Watch recently posted..Just In Time For Passover
YE, GODS!!!: “Newsweek Calls For Impeaching Supreme Court Justices If They Overturn Obamacare.”
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This will be fascinating to see if the DOJ responds, if not, then anarchy is well on its way.
Bunkerville recently posted..Hilda Solis- Labor Dept, Al Sharpton, Jesse Jackson, perfect together
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If the author got his way the US would find itself in the 18th century. Either the Constitution is a living, breathing document or it is dead. Which one would you rather have?
Archie1954, the Constitution is as it is until Amended. It has not been Amended other than the existing Amendments, and that’s because the Amendments this administration would want, will never happen.
Your argument is not sound.
Maggie recently posted..Indiana Voter Fraud: Phony Petitions Hundreds of Phony Signatures Put Obama on Ballot?
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