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...
In asking for the letter, Smith said: "I want to be sure 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."" Full text: Appeals court fires back at Obama's comments on health care case
"Publically taking issue with the Supreme Court of the United States--that's something."
~ Jay SekulowJordon Sekulow and Jay Sekulow discussed this matter on their radio program today (paraphrased):
Judicial activism is when a court creates law. The role of the judiciary is the decide the constitutionality of a law. It has been that way since 1803. Obama is trying to litigate the case in the media. He's engaging in media advocacy. The case has been argued and submitted. The president is now chastising them and telling them how they should rule. He is wrong as to the law. He has no respect for the law, The Constitution, or the separation of powers--the President of the United States sparing with the Supreme Court next to two world leaders, the President of Mexico and the Prime Minister of Canada. Jordon Sekulow, Jay Sekulow, American Center for Law & Justice, 3 Apr 2012. 2 Thess. 2:7, 8
Still, he'll have to submit a response to the Appeals Court.
