Posts Tagged ‘judical restraint’

Fifth Circuit Court Of Appeals Reacts To Obama’s Fascist Statements Undermining The Constitution’s Separation Of Powers And Role Of ‘Unelected’ Judiciary

April 5, 2012

First of all, I have previously written – at length – that Barack Obama is a fascist.  I hope more people will believe me now.

In that article, I begin by correcting the historical fabrication that “fascism” was somehow “right-wing.”  It was most certainly NOT.  Hitler and his Nazism was on the far right of the radical far LEFT.  Fascism was a rival brand of socialism along with communism; and the war between the fascist Nazis and the communist Marxists was akin to a war between Pepsi and Coke or between Bratz dolls and Barbie dolls.

Then I start ticking off examples of fascist things Obama has pulled off.  And of course I just go on and on because there’s just so much.   Obama is a spurting firehose of fascism.

Even given the fact that “Why I Call Obama A Fascist” is a loooong article, there are current examples galore: for example there is the recent “hot mic” moment in which Obama reveals he is a Quisling just waiting to betray America when he doesn’t have to be accountable to voters during his second term (and see also here).  There was the issue of ObamaCare and all the lies that went into selling it to the American people and all the terrible developments that have come out since such as the SEVENTEEN TRILLION DOLLAR FUNDING GAP and the fact that up to 20 million workers will lose their employee-based coverage and be thrown into an inferior healthcare system.  And then there is the issue of the headline above, of course.

When Obama demonized the Supreme Court and the separation of powers Monday, he was merely continuing to reveal his contempt at the Constitution and the founding fathers who wrote it, such as when he said:

I think that we can say that the Constitution reflected the enormous blind spot in this culture that carries on until this day and that the framers had that same blind spot.”

And so it’s really no surprise that Obama would say to the Supreme Court the moment it revealed it might not support his fascist messiahship, “OUT, damn spot!”

It’s just so much easier for an Obama to “fundamentally transform America” when Hitler is the government and the government is Hitler, isn’t it?

Appeals Court Calls President’s Bluff on Obamacare
Tuesday, 03 Apr 2012 08:17 PM
By David A. Patten

President Barack Obama’s attack on the Supreme Court appeared to backfire Tuesday, when the 5th Circuit Court of Appeals issued an order giving the Justice Department until noon Thursday to state whether the administration truly believes courts lack the authority to strike down mandates that they determine are unconstitutional.

On Monday, Obama said that striking down his signature healthcare legislation would be an “unprecedented, extraordinary step” and would demonstrate a lack of “judicial restraint” by the Supreme Court.

He also pointed out that the nine Supreme Court justices are unelected, suggesting that it would therefore be undemocratic for them to overturn Obamacare, which narrowly eked through Congress by a seven vote margin in the House of Representatives.

“This is liberals in shock over watching their side being demolished in oral arguments,” Fox News commentator Charles Krauthammer said Tuesday, pointing out the courts have had the authority to strike down unconstitutional provisions for over 200 years. “And [they are] trying to bully the Supreme Court into ending up on their side in a case which they clearly had lost intellectually and logically.”

The order from the 5th Circuit for the Justice Department to clarify its position on judicial authority came during a separate challenge to Obamacare brought by physician-owned hospitals.

As a Justice Department lawyer began arguing the government’s case, Appeals Judge Jerry Smith interrupted the presentation to ask if the 5th Circuit Court had the legal authority to strike down a law it finds to be unconstitutional. CBS News reports that when the government lawyer answered affirmatively, the judge stated that it was not clear to “many of us” that the president agrees.

The three-judge panel then gave the Justice Department until noon Thursday to provide a three-page letter clarifying whether it believes courts have the authority to pass judgment on the constitutionality of laws.

“Clearly, Jerry Smith was upset by the president’s remarks and he has every right to demand clarification,” judicial expert Curt Levey of the Committee for Justice told Newsmax. “Obviously, he’s making a point as well as requesting clarification.

“But the president left himself open to that,” Levey added. “Of course the president doesn’t really believe the Supreme Court can’t strike down unconstitutional laws. But if the president’s going to say things like that to demagogue, then he is responsible for them.”

Many observers saw the president’s remarks as a clumsy attempt to “work the refs” and influence the court’s decision on his healthcare reforms. His challenge to the independent judiciary branch of government provoked widespread criticism from both sides of the aisle Tuesday.

“For the president to imply that the only explanation for a constitutional conclusion contrary to his own would be out-of-control conservative justices does the court a disservice,” wrote Washington Post correspondent Ruth Marcus, who has been a staunch defender of the president’s policies.

The Wall Street Journal, meanwhile, published a pointed editorial taking the president to task.

“Mr. Obama’s remarks suggest he is joining others on the left in warning the justices that they will pay a political price if they dare to overturn even part of the law,” it stated. “As he runs for re-election, Mr. Obama’s inner community organizer seems to be winning out over the law professor.”

By upping the ante, the 5th Circuit focuses more attention on a misstep that the administration would prefer go unnoticed. The president came under attack from the left and right Tuesday over what looked like a blatant attempt to intimidate the court and influence its verdict. He quickly backed off from his challenge to the judiciary, however.

“The point I was making is that the Supreme Court is the final say on our Constitution, and all of us have to respect it,” he said. “But it’s precisely because of that extraordinary power that the court has traditionally exercised significant restraint and deference to a duly elected legislature.”

Obama went on to assert that overturning congressional legislation was so extraordinary that the burden of proof would be on those who felt it could be unconstitutional.

That view, however, appeared to be at odds with the position of the key swing vote in the case, however: Associate Justice Anthony Kennedy.

“I understand that we must presume laws are constitutional,” Justice Kennedy said to U.S. Solicitor General Donald B. Verrilli on the second day of oral arguments last week. “But, even so, when you are changing the relation of the individual to the government in this, what we can stipulate is, I think a unique way, do you not have a heavy burden of justification to show authorization under the Constitution?”

[For the record, I added the link to the WSJ article.]

CBS begins its piece on this “unprecedented” fascism by Obama as follows:

(CBS News) 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. 

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.

As the CBS piece points out, the heart of Obama’s “case” is simply purely dishonest – and Obama has the law degree to document that he’s a lying fool rather than just an ordinary fool.

And, on the “lying fool” thesis, let me further point out that this ObamaCare law – as dreadful and harmful to America as it is – would almost certainly have been declared constitutional had it not been for pathological deceit by Obama.  An LA Times piece, even while being written from a decidedly liberal perspective, backs up that contention:

In 2009, President Obama was asked whether the individual mandate in his healthcare plan was really just a tax in disguise. “I absolutely reject that notion,” he responded.

But if the president had been brave enough back then to call a tax a tax, his healthcare law might not be in such a mess today.

At the Supreme Court this week, both sides basically agreed that the Constitution allows the federal government to enact a national health insurance plan — even a government-run single-payer plan. (That, after all, is pretty much what Medicare is.) And both sides agreed that the Constitution allows the government to levy taxes to help pay for that health insurance. (We all pay a Medicare tax.)

But that’s not how Obama and the Democrats wrote their healthcare law. Instead, to avoid the stigma of the word “tax,” they included a requirement that everyone obtain health insurance or pay a penalty.

It turns out that was a big mistake. As we now know, there’s one thing Americans hate even more than taxes, and that’s being ordered around by their government.

Even the left have widely panned Obama’s incredibly harsh remarks directed at the Supreme Court as untrue.  The reliably leftist LA Times editorial board affirmed that “There are several things wrong with the president’s remark.”

And then, the following day, when Obama allegedly tried to “walk back” his remark, he said more things that were untrue.  He tried to say that there hadn’t been a law struck down on economic issues since the New Deal days; that was a lie and Obama has the law credentials to know it is a lie: In 1999, in States v. Morrison and in 1995, in United States v. Lopez, the Supreme Court struck down laws that had been passed by Congress using an unconstitutionally-overly-broad usage of commerce clause as justification.  It hasn’t been that long since the Court exercised its Marbury powers which it has affirmed since 1803, and it isn’t that unusual.

Justice Kennedy rightly called that out in the first day of oral arguments before the SCOTUS.  Justice Kennedy said that today (Monday) Obama’s mouthpiece is arguing that the mandate is not a tax.  Tomorrow (Tuesday) the same Obama mouthpiece is going to come back to the same courtroom on the same case and argue the exact opposite thing from what he’d argued the day before.  And excuse me for pointing out what a collection of lying fascist fools you people are.

The same swing-vote (Kennedy) also affirmed that ObamaCare “changes the relationship of the federal government to the individual in a very fundamental way.”

And Justice Scalia pointed out that ObamaCare forced people to buy a product simply so the government could call it “commerce” and regulate it.  Justice Scalia said to the Obama lawyer’s examples, THOSE cases dealt with commerce; THIS case deals with people who HAVEN’T participated in commerce – people without insurance.  You’re going to force millions of Americans to buy something they haven’t bought just so you can then turn around and regulate them.  And if they don’t you’re going to hit them with a penalty you call a tax but only when it’s convenient to you to call it whatever you’re calling it at any given time.

I point out at the beginning of my above article re: Scalia that liberals as a species simply aren’t capable of listening and engaging in the other side’s arguments; they simply either want to shout and chant over you or declare you politically incorrect persona non grata.  And so when oral arguments began arguments that they could have heard and tried to counter for two years came as a complete shock to them – because they had never bothered to actually listen to us or engage with us – like the quintessential fascists that they are.  And the result was that the fascist left was shocked and panicked as they watched their government takeover of one-fifth of the American economy begin to go up in smoke.  Hence Obama’s unhinged statements denouncing the Supreme Court before it had even made its decision and certainly before any grounds for that decision had been provided.

My challenge for those who want to minimize Obama’s incredible words on Monday which followed his public attack on the Supreme Court at a State of the Union address is to find George W. Bush or Ronald Reagan doing anything like that and disrespecting the Supreme Court – a coequal branch of government – that way in such a public forum.


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