Separation of Powers
DOJ ordered to clarify Obama remarks (5th Circuit)
DOJ ordered to clarify Obama remarks (5th Circuit)
audio source: http://youtu.be/yhEVRoZKPZA
JUDGE ORDERS THE DOJ TO CLARIFY OBAMA REMARKS ON HEALTH CARE.
JUDGE ORDERS THE DOJ TO CLARIFY OBAMA REMARKS ON HEALTH CARE.
article source: http://gillreport.com/2012/04/video-judge-orders-the-doj-to-clarify-obama-remarks-on-health-care/
It is unheard of for federal judges to respond to comments made by the president, but it occurred yesterday.
The all Republican appointed 5th Circuit Court of Appeals gave Justice Department attorney Dana Lydia Kaersvang a three-page single-spaced homework assignment to bring back to court on Thursday.
(FOX NEWS) – A federal appeals court is striking back after President Obama cautioned the Supreme Court against overturning the health care overhaul and warned that such an act would be "unprecedented."
A three-judge panel for the 5th Circuit Court of Appeals on Tuesday ordered the Justice Department to explain by Thursday whether the administration believes judges have the power to strike down a federal law.One justice in particular chided the administration for what he said was being perceived as a "challenge" to judicial authority — referring directly to Obama's latest comments about the Supreme Court's review of the health care case.The testy exchange played out during a hearing over a separate ObamaCare challenge. It marked a new phase in the budding turf war between the executive and judicial branches."Does the Department of Justice recognize that federal courts have the authority in appropriate circumstances to strike federal statutes because of one or more constitutional infirmities?" Judge Jerry Smith asked at the hearing.Justice Department attorney Dana Lydia Kaersvang answered "yes" to that question.A source inside the courtroom, speaking to Fox News afterward, described the questioning by Smith as pointed.Smith also made clear during that exchange that he was "referring to statements by the president in the past few days to the effect … that it is somehow inappropriate for what he termed unelected judges to strike acts of Congress.""That has troubled a number of people who have read it as somehow a challenge to the federal courts or to their authority," Smith said. "And that's not a small matter."Smith ordered a response from the department within 48 hours. The related letter from the court, obtained by Fox News, instructed the Justice Department to provide an explanation of "no less than three pages, single spaced" by noon on Thursday.All three judges on the panel are Republican appointees.
The Justice Department had no comment when asked about the exchange.Quote via: Fox News .
link to the video/audio file:
Holder: Justice Department will respond to judge
CHICAGO (AP) — U.S. Attorney General Eric Holder said Wednesday that the Justice Department will respond "appropriately" to a federal appellate judge in Texas who demanded a letter recognizing the authority of the federal courts to strike down laws passed by Congress.
Holder spoke a day after 5th U.S. Circuit Court of Appeals Judge Jerry Smith questioned President Barack Obama's remarks earlier in the week about an "unelected" court possibly striking down the president's health care overhaul. Smith, during oral arguments in a separate challenge to the health law, asked the Justice Department for a three-page, single-spaced letter affirming the federal court's authority.
On Wednesday, Holder acknowledged the courts have "the final say" and defended the president's remarks. He shrugged off a reporter's suggestion that reaction to Obama's comments have become a distraction.
When asked what an appropriate response to Smith would be, Holder said, "I think what the president said a couple of days ago was appropriate. He indicated that we obviously respect the decisions that courts make."
"Under our system of government ... courts have the final say on the constitutionality of statutes," Holder said. "The courts are also fairly deferential when it comes to overturning statutes that the duly elected representatives of the people, Congress, pass."
Obama's comments didn't break "any new ground," Holder said at a press conference in Chicago.
"I think he said in some ways that which is obvious," Holder said. "He talked about the way in which Supreme Courts have typically looked at legislation."
Holder said he's confident the Supreme Court will find the Affordable Care Act constitutional "given the adequate, able representation" the law had during arguments before the justices. He said Solicitor General Donald Verrilli Jr. "did a great job."
Speaking at the same Chicago press conference, Health and Human Services Secretary Kathleen Sebelius said her department is continuing to implement the health care law without contingency plans for a Supreme Court ruling against it.
"We don't have the luxury of pausing and waiting for the court decision," Sebelius said. If the court rules against the law, she said, "we'll make efforts to deal with that. But at this point, to lay out the range of options and spend a lot of time and energy on what-ifs is not a very productive use of our time."
Holder and Sebelius spoke to reporters during a meeting on health care fraud prevention.
On Tuesday, the Texas judge seemed to take offense to comments Obama made Monday that he didn't believe the court would take the "unprecedented" step of overturning a law passed by a strong majority of Congress.
Smith said he wanted reassurance that Holder and the Justice Department recognized judicial authority.
"The letter needs to be at least three pages, single spaced, no less and it needs to be specific. It needs to make specific reference to the president's statements," Smith said during a case brought in part by a spine and joint hospital in East Texas that is challenging the constitutionality of a portion of the health care law.
Copyright © 2012 The Associated Press. All rights reserved.
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