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)