(constitutional function of supreme court to review law questioned by obama)
“I will stir up Egyptian against Egyptian–brother will fight against brother, neighbor against neighbor, city against city, kingdom against kingdom…
Judge wants Holder to explain Obama’s health-law comments
By Jerry Markon
Originally published April 3, 2012 at 8:47 PM | Page modified April 4, 2012 at 6:15 AM
Attorney General Eric Holder must submit a three-page, single-spaced letter by noon Thursday explaining President Obama’s “judicial activism” comments about the current review by the Supreme Court of the Affordable Care Act.
WASHINGTON — A federal judge on Tuesday expressed concern over President Obama’s comments on the Supreme Court’s consideration of the health-care law and demanded a letter explaining whether Attorney General Eric Holder believes federal judges have the authority to strike down federal laws.
Judge Jerry Smith, a Republican appointee on the U.S. Court of Appeals for the 5th Circuit, was part of a three-judge panel hearing arguments in a lawsuit over the Affordable Care Act when he issued his unusual demand, saying the Justice Department must submit the three-page, single-spaced letter by noon Thursday, according to a lawyer who was in the courtroom.
The lawyer said Smith cited Obama’s statements Monday, when in unusually blunt language, the president said overturning the law would amount to an “unprecedented, extraordinary step” of judicial activism.
The judge “said the president has been saying that unelected branches of government shouldn’t be activist and strike down federal laws,” according to the lawyer, who spoke on condition of anonymity to avoid antagonizing either side.
In his first public comments on the matter since the court heard arguments over the constitutionality of the law last week, Obama said that experts across the ideological spectrum, including conservative appellate-court judges, shared his view that precedent supported the measure.
Beyond a legal justification for his administration’s signature accomplishment, Obama also detailed the benefits of the law in arguing that there was a “human element” at play.
“This is not an abstract argument. People’s lives are affected by the lack of availability of health care, the inaffordability of health care, their inability to get health care because of pre-existing conditions,” Obama said at a news conference in the Rose Garden, along with the leaders of Canada and Mexico.
“Ultimately I’m confident that the Supreme Court will 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,” he said.
Reflecting the political stakes, Obama also addressed “conservative commentators” that he said have long argued against “judicial activism,” and bemoaned “an unelected group of people would somehow overturn a duly constituted and passed law.”
“Well, this is a good example, and I’m pretty confident this court will recognize that and not take that step,” he said.
Includes material from Tribune Washington Bureau.
Judges 7:22 The Almighty can and does turn His enemies on each other…
When they blew the 300 trumpets, the LORD set every man’s sword against his comrade and against all the army…