The Fifth Circuit Calls Out Obama

I am encouraged to see CBS reported that story.
I wonder what spin BO will put on it. If it is ok for BO to publically call out the Supremes , twice now, then it is reasonable for a lower court judge to wonder if the DOJ and BO really does think a court has the right to strike down a federal law.

I am also guessing the Judge doesn't need to order his new black SCOTUS robes any time soon.
 
Congress has grown so spineless and allows the Executive branch too much power. Glad to see one branch standing up for its defined purpose under the Constitution. Don’t care if the President has an R or D after their name.
 
Frankly, I think this is beneath a federal appellate court judge. Obviously Obama's comment that overturning a law passed by Congress is unprecedented was dumb and just factually incorrect. However, there's no reason for Judge Smith (who isn't even hearing the case Obama was discussing) to hassle the Justice Department's lawyer about writing a 3-page letter on the issue.

The issue of judicial review isn't what's before the court, and the Department hasn't made that argument in the case at hand. Accordingly, to impose such an order is a waste of Department and judicial resources and done for no reason other than to score a cheap political point. Frankly, what it shows is that Smith has already made up his mind in the case, is biased, and perhaps shouldn't be hearing the case. We have appointed judges precisely for the reason that they are supposed to be above this kind of crap.
 
Obama's statements really make me question his education. He's supposed to be an expert in constitutional law, yet his statements tell a completely different story. Still we have no verification of his education and this surely throws some doubt upon it.
 
Mr D

I don't understand the nuances of either the case and arguments being heard before the supremes or this case before the 5th so I am reading all this with an everyman mind.

What I thought this judge at the 5th did was to ask if the DOJ , which is under BO had to same mindset that BO apparently has, or seemed to have when he called out the supremes on Monday.
My understanding is the Judge for the 5th was asking if the DOJ would vbe following BO's stand that the courts can't overturn a federal law.


And to me, average person, isn't whether this Judge should have done it but why BO did it in the first place. Once Bo said that could there be doubt in a Judge's mind as to what the DOJ's position was.

Again, to me, it seemed not only reasonable that this Judge asked the question but necessary.
 
Mr. Deez is exactly correct. Obama made a hyperbolic political statement that is demonstrably false.

The Fifth Circuit judge knows this, but chose to act in a blatantly political matter in way that exposes his own pettiness.
 
So were the judges( both Dem and GOP) who asked for clarification on the POTUS DOJ position on Defense of MarriageAct when BO announced he would not defend the DOMA while it continued to enforce the DOMA act, were
those judges petty?

Second, after months of the Administration attempting to push its “prosecutorial discretion” policy with respect to aliens in removal proceedings, the Ninth Circuit finally fed up with the apparent collision of the Administration’s announced discretion policy and the actual prosecutorial decisions of DHS, demanded in five test cases that DOJ explain what the discretion policy actually entailed and what that means for the Ninth Circuit’s cases. So this happens and it’s not the first time for Obama’s Administration.

Were the 9th circuit judges petty?
so this has happened before and from judges on both sides.

Lastly BO opened the door for this question with his public remarks.How else could this be meaningfully exposed?
 
the judicial branch has been legislating and activist since John Marshall was Chief Justice. Obama needs to just shut up and let them commit their mischief.

I wish this supreme court had been around when the feds made us kids get those polio shots in the fifties. They were painful. A lot of the kids cried. We had a constitutional right to not get vaccinated and die or get paralyzed from polio but the commies in the Eisenhower administration made us do it.


Waaaaaaaaaaaaaaaaa!!!!!!
 
BBB
Your opinion seems to be that this case if different. Others disagree
and when a POTUS seems to signal a shift in the Executive Branch's position ( and the DOJ is part of the Executive branch) a courts are entitled to ask about it.
The courts asked in the DOMA flip flop and in the alien removal proceedings. and this court asked here.

Even if BO's grand stand was just a campaign speech words have meaning and consequences that do need to be made clear.
 
BBB
You may think you know what BO meant but when it is a court they have a responsibility to do more than " think " they know what BO actually meant.

BO could have eliminated any doubt by making it clear his words were just part of a campaign speech and not a shift of position.

I think this issue was effectively put to bed now. BO has walked back his remarks as he should have. Anyone think he would have done this IF his DOJ had not been called to explain?
 
I personnally don't want the POTUS being careless in remarks, just another point to prove that he is not qualified to be the President of the United States.
 
Please explain all of these Solar companies that got these loans from his stimulus?

Please explain all of the payback to the Unions and the exemptions to his healthcare plan?

Explain the dependence on government by the poor and why it has increased so much under his presidency?

Explain why his Secretary of Energy is so happy about current gas prices?

Explain Geithner?

Explain Holder?

Explain, too bad you lost?

Explain his calling out the Supreme Court in his SOTU or the other day?

If you don't think this guy has an agenda that is far left of mainstream Democrat you are more foolish then one can even imagine?

Explain how the average worker for the US Government makes more money then the average worker for Microsoft?

If you can't see this guy making the government the central corporation for money in and out of the economy then I am sorry for you.

His current primary goal is to take the money out of the hands of anybody making over $337K/year and distribute it to his cronies.

You can't see that?
 
BBB
in spite of your completely unfounded and snarky
remarks on what I think of BO (You forgot to mention that I think BO hates puppies with hair) I will answer why I posted you have a higher opinion of BO than I and many do.

this from your post
" If the President's position were actually that the federal courts do not have the power of judicial review, he would have briefed that matter to SCOTUS through his Solicitor General."

You think he would do the reasonable and usual thing a POTUS should do. I, based on his history so far ,think he doesn't want to be bothered with protocol and what a POTUS should do.
 
Thanks, Prodigal.

Even if it were true, I still don't think the power to mandate such actions should be given to the Executive Branch. It, hypothetically speaking, may have been a good result if true, but an overreach of power by the President, imo.

This is very similar to the vaccine mandate by our executive Rick Perry. I don’t think it’s relevant if I agree with the decision, but I think something like that should be passed by our state reps. The benefit to us as citizens is the debate it causes in the state congress, so we know we’re getting a little bit more ideas/decent. Executive decisions require no debate, so they can be corrupted by self-service (even unintentionally).
 
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