Coston's Complaint: Obama's Battle With the Black Robes Continues

Friday, April 6, 2012

Obama's Battle With the Black Robes Continues

The battle with the black robes continues. After King Obama dressed down the Supreme Court over the constitutionality of Obamacare, a feisty circuit court judge gave the Justice Department a homework assignment:

The episode began at oral arguments Tuesday before the 5th U.S. Circuit Court of Appeals in Houston. A panel of the court is hearing a challenge to part of the health care law, and as the government lawyer began her presentation, Judge Jerry Smith, a Ronald Reagan appointee, interrupted to ask about the president’s comments.

“I’m referring to statements by the president in the past few days to the effect, and 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 – what he termed broad consensus in majorities in both houses of Congress,” Smith said.

“That has troubled a number of people who have read it as somehow a challenge to the federal courts or to their authority or to the appropriateness of the concept of judicial review,” he added.

“So I want to be sure that you’re 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.”

The liberals are going nuts over the possibility that the cornerstone of their utopian dream could
be overturned by nine, cloistered, unelected oligarchs. The progressive hysteria is so over the top, they consider the Supreme Court’s constitutionally mandated right to strike down a law as judicial activism. Forget the fact that they are just fine with judges making law. Can anyone say Roe v. Wade? Or better yet, the seven court cases during FDR’s time that set precedents and fundamentally changed this country. That kind of judicial activism is just fine with the progressives.