Tuesday, April 3, 2012

Obamacare - #3781 - Fifth Circuit Calls Out Department of Justice Lawyer: Is Your Boss Now Claiming that Courts Don't Have the Power to Strike Down Law? UPDATE: A Lawyer's Take - Hot Air

PLEASE READ THIS ARTICLE TO THE END. IF YOU HAVE BEEN UPSET HOW OBAMA HAS BEEN CHALLENGING THE SUPREME COURT OVER OBAMACARE FOR THE LAST TWO DAYS, YOU WILL BE THRILLED HOW THE FIFTH CIRCUIT  COURT HAS STOOD UP TO THE PRINCIPLE OF JUDICIAL REVIEW, TO THE DOJ.......








...........  The panel is hearing a separate challenge to the health care law by physician-owned hospitals. The issue arose when a lawyer for the Justice Department began arguing before the judges. Appeals Court Judge Jerry Smith immediately interrupted, asking if DOJ agreed that the judiciary could strike down an unconstitutional law.  The DOJ lawyer, Dana Lydia Kaersvang, answered yes — and mentioned Marbury v. Madison, the landmark case that firmly established the principle of judicial review more than 200 years ago, according to the lawyer in the courtroom.  Smith then became “very stern,” the source said, telling the lawyers arguing the case it was not clear to “many of us” whether the president believes such a right exists. The other two judges on the panel, Emilio Garza and Leslie Southwick–both Republican appointees–remained silent, the source said.  Smith, a Reagan appointee, went on to say that comments from the president and others in the Executive Branch indicate they believe judges don’t have the power to review laws and strike those that are unconstitutional, specifically referencing Mr. Obama’s comments yesterday about judges being an “unelected group of people.”  Read more.........

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