teapartysamurai
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- Mar 27, 2010
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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.
Appeals court fires back at Obama's comments on health care case - Crossroads - CBS News
And why is Obama and his idiot toadies saying the healthcare bill was "bi-partisan." That is the biggest howler of a LIE that they have told yet. From what I can see only one Republican voted for it. Everyone else voted NO! That's HARDLY bi-partisan.
But the idea that the USSC can't strike down a law as Unconstittuional is ridiculous.
Line Item Veto was struck down by the USSC and it was a VERY popular idea. The people wanted it, and the GOP were ready to deliver it, despite the fact that power would go to Clinton. USSC struck it down, outright. I was very disappointed at the time, that happened, but that's the way the ball bounces.
But, for Obama to act like this is Judicial activism, is even a bigger howler than calling Obamacare bi-partisan.
This won't be the Justices making law from the bench. This will be the justices exercising the power that Marbury vs. Madison gave them. The power to strike down Unconstitutional laws.
What Obama did was basically have a temper tantrum is public. He's sure the USSC won't let him have his way, so he's being a sore loser about it.
I love the court fighting back on this. It's about time.
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