Posts Tagged ‘Supreme Court’

3 pages, single-spaced … due Thursday noon.

April 5, 2012

On Monday, former Constitutional law prof and now President Obama, laid into the Supreme Court for even thinking about declaring ObamaCare unconstitutional — either in part or in total — 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.”

CBS News reports:

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.

And, 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.

An Appeals Court Judge asked a DOJ lawyer if she agreed that the judiciary could strike down an unconstitutional law.

The DOJ lawyer answered yes — and mentioned Marbury v. Madison, the landmark case that firmly established the principle of judicial review more than 200 years ago.

Now the part that I like.

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.

That’s a big difference between academia and the courts …  I always ask my students to double-space their homework.

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Flashback: Obama disses the Supreme Court justices …

March 29, 2012

Remember the 2010 State of the Union address when Pres. Obama took the unprecedented step of criticizing the Supreme Court while they were sitting in the audience as distinguished guests?

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Do you think Obama would like  to have that shot back now that the fate of ObamaCare is in the Justices’ hands?

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