Further proof that obama and his fascist left wing dictatorship believes they are above the law and US constitution..this time though they fucked with the wrong people...The Supremes put Obunga and his clown car on notice...I dont think this has ever happened before in our countries history...
Thank GOD our founders foresaw the occasional petty dictator getting elected by stupid, dependent, left wing cult sheep, and put in place a series of checks and balances.
Justice Department under deadline to answer court over Obama's health law comments
Published April 04, 2012
The Obama Justice Department
has roughly 24 hours to explain to a federal appeals court whether the
administration believes judges have the power to overturn federal laws
-- in the latest escalation between the two branches of government over
the federal health care overhaul.
A three-judge panel for the 5th Circuit
Court of Appeals on Tuesday ordered the Justice Department to explain by
Thursday at noon whether the administration believes judges have that
authority. The challenge came after President Obama cautioned the Supreme Court against overturning the health care law and warned that such an act would be "unprecedented."
One justice in particular chided the
administration for what he said was being perceived as a "challenge" to
judicial authority -- referring directly to Obama's latest comments
about the Supreme Court case.
The testy exchange played out during a
hearing over a separate ObamaCare challenge. It marked a new phase in
the budding turf war between the executive and judicial branches.
"Does the Department of Justice recognize
that federal courts have the authority in appropriate circumstances to
strike federal statutes because of one or more constitutional
infirmities?" Judge Jerry Smith asked at the hearing.
Justice Department attorney Dana Lydia Kaersvang answered "yes" to that question.
A source inside the courtroom, speaking to Fox News afterward, described the questioning by Smith as pointed.
Smith also made clear during that exchange
that he was "referring to statements by the president in the past few
days to the effect ... that it is somehow inappropriate for what he
termed unelected judges to strike acts of Congress."
"That has troubled a number of people who
have read it as somehow a challenge to the federal courts or to their
authority," Smith said. "And that's not a small matter."
Smith ordered a response from the department
within 48 hours. The related letter from the court, obtained by Fox
News, instructed the Justice Department to provide an explanation of "no
less than three pages, single spaced" by noon on Thursday.
All three judges on the panel are Republican appointees.
The Justice Department had no comment when asked about the exchange.
White House Press Secretary Jay Carney, though, told Fox News that there's no dispute from the administration regarding the courts' authority to strike down laws.
"Of course we believe that the Supreme Court
has, and the courts have, as their duty and responsibility the ability
of striking down laws as unconstitutional," Carney said Tuesday.
However, he said the president was
specifically referring to "the precedent under the Commerce Clause"
regarding a legislature's ability to address "challenges to our national
The most significant Supreme Court case
hinges on the question of whether the individual mandate to buy health
insurance violates the Commerce Clause. The administration argues it
Though Carney said the president did not misspeak when he discussed the case on Monday, Obama was not quite so specific.
"I'm confident that the Supreme Court will
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," Obama said on Monday. "And I'd just
remind conservative commentators that for years what we've heard is the
biggest problem on the bench was judicial activism or a lack of judicial
restraint, that an unelected group of people would somehow overturn a
duly constituted and passed law. Well, this is a good example. And I'm
pretty confident that this court will recognize that and not take that
Obama reiterated his stance on Tuesday,
saying the court has traditionally shown "deference" to Congress and
that "the burden is on those who would overturn a law like this."
Carney said that Obama was expressing the
point that on national economic challenges, "there should be due
deference paid as a matter of precedent to our democratically elected
Read more: http://www.foxnews.com/politics/2012/04/04/justice-department-under-deadline-to-answer-court-over-obamas-health-law/#ixzz1r5JzBYlA
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