Judges order Justice Department to clarify Obama remarks on health law case

Judges order Justice Department to clarify Obama remarks on health law case

www.foxnews.com

A federal appeals court is striking back after President Obama cautioned the Supreme Court against overturning the health care overhaul and warned that such an act would be "unprecedented."

A three-judge panel for the 5th Circuit Court of Appeals on Tuesday ordered the Justice Department to explain by Thursday whether the administration believes judges have the power to strike down a federal law. 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 Supr

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wow, this is big, no. This is huge. The Federal Courts are telling Berry that they aren't going to be pushed around. First, Berry got the idea that because he is the POTUS, everybody, including the Federal Judges, better tow the line. And when Berry said "jump" to the Supreme Court, the Federal Judges sent him a stern message. We don't jump for no one. I do believe, that Berry is akin to Richard Nixon toward the end of his White house occupancy. I don't know what Berry is thinking, but this guy is really beginning to sound out of touch with reality, just like tricky Dick was. I just hope that who ever is carrying the football, has enough sense to avoid being tackled if Berry and his four henchmen try to break through the line. This has become a very dangerous scenario.

www.foxnews.com
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Just saying, about 4 hours ago somebody else started a thread on this same subject. It's even showing up at the top of the page when I click on new topics.

And the 5th court represents Texas, Louisiana, and Mississippi. I'm totally surprised by this and am sure that this isn't just political posturing by judges sitting in one of the most conservative districts in the United States.

And no, Obama is no better for making an empty threat either.

Originally posted by kyred
Just saying, about 4 hours ago somebody else started a thread on this same subject. It's even showing up at the top of the page when I click on new topics.

I saw that too.
However, this is under "Breaking Alternative News" which allows a separate thread.
I did search this section and found nothing, so I filled the void.

Obama should not have made the comment in the manner he did. Its one thing to defend the bill, but to go after the supreme court and lecture them.... He should know better.

There is a reason the 3 branches of government are equal to each other with checks and balances.

Ironically enough, I find it funny Obama would lecture the Supreme Court on judicial activism (when in fact its not - the question before the court deals with the constitutionality of the law and nothing more) and venturing into an area that is not their domain, while doing the very same thing himself by making the comments he did.

Who knows.. Maybe if Obama torques the courts off enough, one of those birther lawsuits might accidentally find standing and go forward.

As far as the judge goes in this case - I say bravo.

I am curious why he wanted the repsonse in writing. Part of me wonders if that is not two fold. To resolve part of the issue they had in court because of Obamas comments, as well as to get an offical position from the nations Attorney's General that can be used later on down the road when the government flips its position.

That brings up the age old question the judges can ask the government -

We have your written position, which you are no longer following.

Tell me, were you guys lying then or are you lying now?

Criminal contempt charges would heopfully follow that question.

People like to pioint out government is not above the law, and I think this judge is going to remind him of that.

Here is a link to the other thread www.abovetopsecret.com...&addstar=1&on=13820849#pid13820849

There are many strong reasons and hard lessons behind the separation of powers.

No matter which side you're rooting for, I don't believe the courts are empowered to assign extra-legal homework to anyone. Whether Obama was expressing an opinion as a private citizen or practicing his hyperbole for the upcoming election, free speech is free speech.

There are some who insist upon characterizing it as a threat, but if you'll go back and re-read it you'll see that at least he was a little smarter than that.

And no--I don't care for him either. This whole thing is just adolescent idiocy. On both sides....

reply to post by Ex_CT2


Normally I would agree however in this case its relevant. If the DOJ's position is the same as Obama's, and they are because legal questions like that are reviewed by the DOJ for the administration, then why should the judge go forward to make a ruling when the governments position is the ruling is not lawful or valid.

By commenting in the manner he did, Obama opened the door into the judicial side of the government and then ran through it. The case the government is making in the appeals court is tied into the Supreme court decision. That judge is presiding over a challenge to a different part of the obamacare law.

By going after the Supreme Court, and linking that to the health care bill, his position towards the supreme court would be the same position against the appeals judge. Obama may be the Preisdent of the US, however he has no legal authourity on the judicial side. His comments can undermine the outcome of these cases and any others that are in the legal process.

The Judge is rsponsible for ensuring the hearing is valid and within the law. The process comes first, which means the judge could place a gag order on anyone attached to the case, including the DOJ and the President, since he signed his name to make it law.

The President is not above the law....

OUCH... no, no, no, even the POTUS doesn't get to challenge the courts unless he wants to lose.
IF this was the President's personal opinion, then he should have clarified it as such.
I've heard enumerable Presidents in the past make comments and included, "thats just my opinion."
But he also must understand as the current POTUS that this is politics and if he says "I hate broccoli"... then it becomes international news and the "opinion of the leader of the free world" and which without question is considered a challenge by the growers.
How many times over the years have we heard a President make similiar remarks to Congress, which were always seen as a direct challenge to their authority.
As I was told onetime by a senator friend of ours, "I most certainly can my own opinions but its just best I don't tell anyone"
Good advice from an old friend..

reply to post by Xcathdra

Ah. I see where I was wrong. Thank you for schooling me on that.

Please note that this is not sarcasm. Just goes to show you can learn something even when you're sitting in the corner with the dunce-cap on....

reply to post by OldCurmudgeon

Ditto what I said to Xcathdra....

Originally posted by Violater1
The Federal Courts are telling Berry that they aren't going to be pushed around.

The bench has consistently demonstrated that it is the only one of the three branches of government, that is remotely willing to display genuine integrity. Congress in particular, at this point is completely and irredeemably corrupt.

I hope it continues. The judges need to hold the line; particularly if nobody else is going to.

Originally posted by Ex_CT2
reply to post by Xcathdra

 

Ah. I see where I was wrong. Thank you for schooling me on that.

Please note that this is not sarcasm. Just goes to show you can learn something even when you're sitting in the corner with the dunce-cap on....

My apologies if my post came across as taking you to task as that was not my intention at all. Normally people in those positions don't make the gaffes that Obama did. Sure other presidents have done the same, but for some reason Obama just manages to stick his foot in his mouth.... and then swallows the foot. He reminds me of the democratic version of Dan Quayle.

Usually a Presidents position on something goes through the Press corp by way of the Press Secretary. That way if something was relayed incorrectly, it did not reflect on the President (politics of course). Obama on the other hand speaks his mind and apparently prefers to do it himself. Not a good idea in politics but I digress.

In a way I admire that quality (not his policies) - Its rare to get stuff like that directly from the horses mouth. Of all the issues that come and go Obama has a knack for picking the ones that act as a lightning rod.

Obama forgot the cardinal rule -
You respect the position, regardless of personal thoughts about the person.

The last thing a person should do is weigh in in an inappropriate manner, in front of the public and media, referencing an issue he is very much a part of while taking the Supreme Court to task over a decision they have not even made yet.

It would be one thing if he commented after the Supreme Court ruled. Doing it before hand though, at least to me, he came across as the kid throwing a temper tantrum, packing up his marbles and heading for home.

reply to post by Violater1


The 5th is the best of the bunch

reply to post by Violater1



Its about time!
They likely realized that Obama is out of control,
he needed the reminder that he is not Hilter....yet.

S&F OP, Thanks for posting this!

If they were thinking of ruling in Barry's favor they sure as hell are thinking twice now.

Obama is his own worst enemy.

Originally posted by AGWskeptic
If they were thinking of ruling in Barry's favor they sure as hell are thinking twice now.
Obama is his own worst enemy.

I don't know how the Justices think. Some may be OK with the POTUS bullying them around.
Time will tell.

If they do rule against him, he can spout it must have been something he said.

Originally posted by Nite_wing
If they do rule against him, he can spout it must have been something he said.

edit on 4-4-2012 by Nite_wing because: (no reason given)

Yep,
They are already setting up the excuses for failure.


It’s NOT about how hard you fall,
It’s all about how eloquently you stand back up.
~Joseph Kennedy

(A lot a good that did for His family !)