Things are warming up out there in the country

Dollar Bill ponders a poser: But our con-law teaching assistant says they can't! I'm all confused.

Fifth Circuit Court of Appeals orders DOJ to respond by Thursday whether the Obama administration feels that federal courts have the power to strike down laws.

(CBS News) In the escalating battle between the administration and the judiciary, a federal appeals court apparently is calling the president’s bluff — ordering the Justice Department to answer by Thursday whether the Obama Administration believes that the courts have the right to strike down a federal law, according to a lawyer who was in the courtroom.

The order, by a three-judge panel of the U.S. Court of Appeals for the 5th Circuit, appears to be in direct response to the president’s comments yesterday about the Supreme Court’s review of the health care law. Mr. Obama all but threw down the gauntlet with the justices, saying he was “confident” the Court would not “take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.”

Overturning a law of course would not be unprecedented — since the Supreme Court since 1803 has asserted the power to strike down laws it interprets as unconstitutional. The three-judge appellate court appears to be asking the administration to admit that basic premise — despite the president’s remarks that implied the contrary. The panel ordered the Justice Department to submit a three-page, single-spaced letter by noon Thursday addressing whether the Executive Branch believes courts have such power, the lawyer said.


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3 responses to “Things are warming up out there in the country

  1. Dollar Bill

    An outrageous abuse of judicial power. Incredibly destructive. These judges are acting like a bunch of middle school teachers handing out punishment to a student because of something his dad said at an RTM meeting the night before. This judge was clearly aiming to embarrass the President with this stupid stunt, and to dish out some extrajudicial humiliation in the process. Completely uncalled for.

  2. Hu Nhu?

    This judge did not need to embarrass the President. The President has repeatedly embarrassed himself. As has Dollar Bill.