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Thu Apr 5, 2012, 10:23 AM

Jeffrey Toobin: Judges ‘deranged’ by Obama hatred

This discussion thread was locked as off-topic by Ruby the Liberal (a host of the Latest Breaking News forum).

Source: Politico

After accusing a federal appellate court panel of throwing a “hissy fit” about President Barack Obama, outspoken CNN legal analyst Jeffrey Toobin said Thursday that the order requiring the president to explain his beliefs about judicial review was a “disgrace” and he called some Republican judges “deranged by their hatred for the president.”

“I think what these judges have done is a disgrace,” Toobin said on CNN. “What President Obama said was entirely appropriate. There is nothing wrong, there’s nothing controversial.”

“He said, ‘I signed a law that was passed by the democratically elected congress and I think it’s constitutional.’ And then these judges give the Justice Department a homework assignment, a three-page letter, single spaced, explaining what the president said,” he said.

The order from 5th Circuit Judge Jerry E. Smith, a Ronald Reagan-appointee, seemed to be a direct shot at Obama’s much-debated comments on Monday in which he said that the Supreme Court would be guilty of an “unprecedented” act of “judicial activism” if it strikes down the health care reform law.


Read more: http://www.politico.com/news/stories/0412/74864.html#ixzz1rAy5wxok

Read more: http://www.politico.com/news/stories/0412/74864.html

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Replies to this discussion thread
Arrow 19 replies Author Time Post
Reply Jeffrey Toobin: Judges ‘deranged’ by Obama hatred (Original post)
kpete Apr 2012 OP
randome Apr 2012 #1
BlueCaliDem Apr 2012 #6
liberalmike27 Apr 2012 #10
BeyondGeography Apr 2012 #2
wilt the stilt Apr 2012 #3
WeekendWarrior Apr 2012 #4
Mopar151 Apr 2012 #7
n2doc Apr 2012 #9
Ikonoklast Apr 2012 #12
BumRushDaShow Apr 2012 #14
Alcibiades Apr 2012 #17
allan01 Apr 2012 #5
Cooley Hurd Apr 2012 #15
leftynyc Apr 2012 #16
NRaleighLiberal Apr 2012 #8
freshwest Apr 2012 #11
DeschutesRiver Apr 2012 #13
Alcibiades Apr 2012 #18
Ruby the Liberal Apr 2012 #19

Response to kpete (Original post)

Thu Apr 5, 2012, 10:27 AM

1. The hatred extends to all levels.

Much of it is coming out now because of the realization that Obama has already won a second term and he's not likely to be as cooperative as he was in his first.

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Response to randome (Reply #1)

Thu Apr 5, 2012, 10:42 AM

6. That's exactly what I believe.

He's going to be one tough President when he wins his second term, and it's encumbant upon us to ensure he gets a Congress that will cooperate with him.

We need to throw the Republicans out as much as we can, at least to the point when they don't have the power to go against everything he's fighting for. Dissent is admirable, but what we've witnessed by the Republicans in the past 3 1/2 years is not dissent by any stretch of the imagination.

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Response to BlueCaliDem (Reply #6)

Thu Apr 5, 2012, 10:54 AM

10. This is One of those Cases

Where when Obama, or anyone for that matter, tells the truth about Republicans, SC or not, they get pissed. Alan Grayson had the same problem.

Judges were never meant to "overturn" by judicial mandate, decisions made by huge majorities, with compromises and negotiation with a very radical right to even make it happen.

At some point (Marbury v. Madison, was it?) they just seized that power, which is found nowhere in the constitution.

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Response to kpete (Original post)

Thu Apr 5, 2012, 10:28 AM

2. Babies

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Response to kpete (Original post)

Thu Apr 5, 2012, 10:33 AM

3. The thought of an African american being President

has driven a number of people over the edge. All rationality has left this group. The hatred is almost hard to believe. It is pathetic.

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Response to wilt the stilt (Reply #3)

Thu Apr 5, 2012, 10:39 AM

4. This is exactly right

Obama's presidency has made it very clear that this country has a long, long way to go in terms of race relations.

http://www.comedycentral.com/video-clips/ru1b7p/key-and-peele-obama-teaches-malia-to-drive

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Response to wilt the stilt (Reply #3)

Thu Apr 5, 2012, 10:45 AM

7. It's not just the color - the haters love dumb-ass Clarence

It's the Harvard education, the law professor thing, the wife, the cute kids who do their homework, the kitchen garden, and just being too damm cool.

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Response to Mopar151 (Reply #7)

Thu Apr 5, 2012, 10:51 AM

9. That's because Clarence is one of the 'good uns'

He knows his place and does what Fat Tony tells him to do. Keeps quiet as well.

Obama is a Leader. They hate that more than anything else.

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Response to n2doc (Reply #9)

Thu Apr 5, 2012, 11:18 AM

12. Bingo! Slappy is never going to tell anyone what to do, or be in charge of anything.

None of theses elderly White Men ever had a Black Man tell them what to do once in their lives, and they sure as Hell aren't about to let that start happening now.

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Response to wilt the stilt (Reply #3)

Thu Apr 5, 2012, 11:30 AM

14. Bingo!

And we're witnessing their full-blown temper tantrum as a result - complete with foot-stomping, rolling around on the floor, and high-pitched squeals!

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Response to wilt the stilt (Reply #3)

Thu Apr 5, 2012, 12:03 PM

17. They would be like this with any Democrat

I remember well the Clinton era, when these same folks tried to impeach the president for having an affair while at the same time conducting affairs themselves. Racism is just another tool in their all-out bid for power.

Whatever they think will work, they use.

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Response to kpete (Original post)

Thu Apr 5, 2012, 10:40 AM

5. re:Jeffrey Toobin: Judges ‘deranged’ by Obama hatred

this is why clinton orderd all fedrarl judges to step down when he was elected . I am under the impression that the repugs feel that "they" only own the White house. period and the repugs get really angry when a democratic president intrrupts their right to succession, esp: a black man( yes the race card and i am getting tired of that w those people .)

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Response to allan01 (Reply #5)

Thu Apr 5, 2012, 11:45 AM

15. He did? Presidents don't have that power...

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Response to allan01 (Reply #5)

Thu Apr 5, 2012, 11:47 AM

16. Uh - you have that wrong

That's federal prosecutors, not judges. Fed judges have lifetime appointments.

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Response to kpete (Original post)

Thu Apr 5, 2012, 10:50 AM

8. We are witnessing the last gasp/death throes of a group of people about to go extinct -

the demographic numbers don't lie. Old bigoted racist hateful ultra right wing fundy zealouly mis-religious hypocritical republicans (nuff adjectives for ya!) are on their last gasp of relevance (so they think - we know they've been irrelevant forever).

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Response to kpete (Original post)

Thu Apr 5, 2012, 11:02 AM

11. It is VERBOTEN to speak against the reichwing! ACHTUNG! SCHWEIGEN!

Well, they had to try, didn't they?

Pathethic bunch of fossils.

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Response to kpete (Original post)

Thu Apr 5, 2012, 11:24 AM

13. My dh and I are retired lawyers.

He saw the tail end of this on the news, and asked me "is this some moron from a small court in a small town?" We thought it was simply embarrassing and utterly simple minded of this judge to say what we heard him saying - an example of how simpleton haters are infesting society at all levels now, in all professions including our former profession.

Now I get to break the news to him it is the 5th circuit.

Haven't seen it this out of control since I was a younger person in the 60s. Seriously. '

And I say - fine, bring it on. I am not going back in time and live full-time in the kind of world these people want to bring back. Not. going.to.happen.without.a.fight. There isn't anything else I can see to do, other than to keep pushing for my world view to take dominance over theirs. Yes, its America, and there is a place for everyone here, but I don't want these kind of thinkers driving the car.

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Response to kpete (Original post)

Thu Apr 5, 2012, 12:12 PM

18. Here's the take-home message

"Meanwhile, Toobin on Thursday also chipped away at the “meaningless line” between law and politics.

He said he had “devoted” his career to trying prove that the line between law and politics is essentially nonexistent when it comes to cases related to divisive issues such as abortion and affirmative action.

“These are essentially political decisions being made by individuals who wear black robes,” he said. “I think the more we recognize that and the more we eliminate this artificial line — this sort of idealistic but really meaningless line — between law and politics the better because that’s the way I think the world works.”

******************

This is absolutely true. Political scientists have regarded the idea of an apolitical judicial system as empirically falsified for a decade. Justices and judges rule based on ideology, not some abstract legal principle--in fact, conservatives have substituted ideology for neutral legal and constitutional principles and renamed it "originalism" and "judicial restraint," when the truth is that they are the most activist this country has ever seen.

And yet, here at DU, we see folks, often lawyers, arguing for example that the PPACA has to be upheld because it comports with long-established precedent. And yet there was no precedent for the court to stop the counting of votes in Bush v. Gore, for example, and they did it anyway. A court that can overturn a democratic process can certainly not be constrained by stare decisis or any other such thing, especially since they can make it up as they go along.

Sure, it sounds like arguments about facts and ideas. Yes, the court issues opinions and asks questions that seem to be related to legal arguments. It's all kabuki. They make up their minds, and slap on a rationalization after the fact. I imagine one day they may even do away with this pretense.

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Response to kpete (Original post)

Thu Apr 5, 2012, 12:15 PM

19. Locking - feature piece, not LBN

This is an OpEd - better served in GD or Good Reads.

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