Because of Pres. Obama's remarks, Holder asked to submit opinion of judicial review.

[No Elephants]

Apr 3, 10:09 PM EDT

Judge upset by Obama's comments on health care law

By JUAN A. LOZANO
Associated Press

HOUSTON (AP) --

<snip>

During oral arguments in Houston in a separate challenge to another aspect of the federal health care law, U.S. 5th Circuit Court of Appeals Judge Jerry Smith said Obama's comments troubled a number of people who have read them as a challenge to the authority of federal courts.

"I'm referring to statements by the president in the past few days to the effect, I'm sure you've heard about them, that it is somehow inappropriate for what he termed unelected judges to strike acts of Congress that have enjoyed, he was referring of course to Obamacare, to what he termed a broad consensus and majorities in both houses of Congress," Smith told Dana Kaersvang, an attorney with the Justice Department in Washington, D.C.

On Monday, Obama issued a direct challenge to the Supreme Court, saying he didn't believe the high court would take the "unprecedented" step of overturning a law passed by a strong majority of Congress.

"I want to be sure that you are telling us that the Attorney General and the Department of Justice do recognize the authority of the federal courts through unelected judges to strike acts of Congress or portions thereof in appropriate cases," Smith said.

<snip.

However, Smith ordered Kaersvang to submit a letter to the appeals court by Thursday stating the position of U.S. Attorney General Eric Holder and the Justice Department on the concept of judicial review.

---

Associated Press writer Will Lester in Washington, D.C., contributed to this report.

[Leopolds Ghost]

1. While I agree with the judge in principle, his description of the law as "Obamacare"

indicates a disturbing political bias.

My problems with the law are in the details, not who supported it.

(I've been consistent on my criticism of the bill on DU since back when Obama opposed it in its current form.)

[JuniperLea]

2. Are all judges off their cracker or what??

This is getting ridic!

I’m appalled by the lack of judgment and critical thinking skills I’m seeing in this SCOTUS; the former alone should be enough to show that some of these people have no business judging anything more than a swimsuit competition… and I’d forever wonder if their vote was bought for that as well. This is a sad, sad time in American history... it began, for me, when Alito mouthed "completely untrue" during Obama's SOTU address. It was a despicable action which also shows a horrific lack of judgment... and no thinking skills whatsoever, critical or otherwise.

And as for this "a president shouldn't lecture the supreme court" bovine scatology: there are three branches of government and they should be treated equally. You can't say Obama isn't a leader because he can't budge Congress (due to The Party of No making a pact to say NO to everything he says), and out of the other side of their mouths say he can't "lecture" the SCOTUS. If he can lecture Congress, and if they are allowed to say all manner of excrement about him, you damn well bet he has a right to say what he chooses to say. I'm so sick of the hypocrisy I could spit!

[kayakjohnny]

3. Damn, I'm glad you're still posting here.

That was awesome.

[No Elephants]

5. We haven't seen that poster in quite a while, so I would not say she is "still" posting here.

Same for you.

Always interesting when someone drops back in, though, so welcome back to both of you.

[No Elephants]

4. The judge who is the subject of the OP is not a SCOTUS Justice.

And, what Obama said about judicial review was fairly stunning, especially for a Democrat.

Especially for a Democrat who was billed as a Constitutional law expert.

[No Elephants]

6. The administration has now done some {appropriate} backpedaling.

http://www.cbsnews.com/8301-503544_162-57409489-503544/...