NOte To Law School 'Instructor'...

Discussion in 'Law and Justice System' started by PoliticalChic, Apr 4, 2012.

  1. PoliticalChic
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    PoliticalChic Diamond Member

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    1. "President Barack Obama’s attack on the Supreme Court appeared to backfire Tuesday, when the 5th Circuit Court of Appeals issued an order giving the Justice Department until noon Thursday to state whether the administration truly believes courts lack the authority to strike down mandates that they determine are unconstitutional.

    2. ...Obama said that striking down his signature healthcare legislation would be an “unprecedented, extraordinary step” and would demonstrate a lack of “judicial restraint” by the Supreme Court.


    3. “This is liberals in shock over watching their side being demolished in oral arguments,” Fox News commentator Charles Krauthammer said Tuesday, ...

    4. The order from the 5th Circuit for the Justice Department to clarify its position on judicial authority came during a separate challenge to Obamacare brought by physician-owned hospitals.

    5. ...Appeals Judge Jerry Smith interrupted the presentation to ask if the 5th Circuit Court had the legal authority to strike down a law it finds to be unconstitutional. CBS News reports that when the government lawyer answered affirmatively, the judge stated that it was not clear to “many of us” that the president agrees.

    6. The three-judge panel then gave the Justice Department until noon Thursday to provide a three-page letter clarifying whether it believes courts have the authority to pass judgment on the constitutionality of laws.

    7. “But the president left himself open to that,” Levey added. “Of course the president doesn’t really believe the Supreme Court can’t strike down unconstitutional laws. But if the president’s going to say things like that to demagogue, then he is responsible for them.”

    8. Many observers saw the president’s remarks as a clumsy attempt to “work the refs” and influence the court’s decision on his healthcare reforms.

    9. “For the president to imply that the only explanation for a constitutional conclusion contrary to his own would be out-of-control conservative justices does the court a disservice,” wrote Washington Post correspondent Ruth Marcus, who has been a staunch defender of the president’s policies.

    10. Obama went on to assert that overturning congressional legislation was so extraordinary that the burden of proof would be on those who felt it could be unconstitutional."
    Appeals Court Calls President's Bluff on Obamacare
     
  2. William Joyce
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    William Joyce Chemotherapy for PC

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    Sauce for the goose...
     

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