The 5th Circuit Court Scolds Obama – Then Schools Him

By: Andrea Ryan

I will not throw spitballs at the Supreme Court…  I will not throw spitballs at the Supreme Court…  I will not throw spitballs at the Supreme Court…  Repeat this statement fifty more times, President Obama, single-spaced, on three pages, by Thursday.

This is what happens when our Constitutional lecturer president stands on the White House lawn and astoundingly challenges the authority and credibility of the Supreme Court; he gets issued a homework assignment on the fundamentals of our Constitution.

Obama’s radical statements yesterday were so inconceivably stupid and dangerous he managed to completely offend and alarm the entire U.S. 5th Circuit Court of Appeals Panel.  So, today, during a hearing over a separate ObamaCare lawsuit, Appellate Judge Jerry Smith issued an Order for Obama’s Department of Justice to explain by Thursday whether the administration “recognizes that federal courts have the authority to strike federal statutes” that are unconstitutional… single-spaced and on no fewer than three pages.

According to 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.

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.

The three branches of government are co-equal to prevent this sort of tyrannical behavior.  But, Obama thinks he’s the only branch of government and the other two just interfere.  Maybe next he’ll threaten to add six more Justices to the Supreme Court, like Roosevelt did 75 years ago.

And the creepiness continues…

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  • DaveinMinnesota

    Maybe time for this creepy president to grow up and stop banging away at the foundation of the (once) greatest nation on Earth.

  • DnD

    I can’t wait for Thursday, about 12:15 pm… 😀

  • therese

    What the democrats Do Much Better and are Better organized at then Republicans is ABSENTEE VOTING. You can begin Voting 42 days before the Nov. 6 Election in Missouri.
    Get the info. at for the county.
    or for the city.
    The county branch is even open on a couple of Saturdays before the Election. The Election board can mail you a ballot, you can take it to any bank, vote there, have it notarized and be on your merry way…
    For the Country’s sake Please do not try to Convince yourself that you are Too Busy on Nov. 6 to get out and vote. Vote Absentee if you have any doubts at all about getting to your voting place. God Bless

  • dallasdan

    BO is laying the groundwork to set aside the impact of a negative SCOTUS rejection of Obamacare by means of his issuing an Executive Order to implement the healthcare takeover. The only recourse will be impeachment, and the dems can block it.

  • shibumi

    So, what are the odds the King O will just ignore this?

  • Monkey Wrench

    Isn’t the Dept of Justice in the Executive branch. If so, how can these judges order them to provide an explanation. Where does that authority come from?

    I honestly don’t know.

  • el polacko

    if only barack had been personally required to fulfill this homework assignment. it isn’t the fault of the poor DOJ laywer who will have to come up with it that her boss is an idiot.

  • http://None Duke

    I wonder if the lamps and ashtrays were flying around the Oval Office after the boy-child President got the demerit from his teachers on the federal bench?

    Perhaps if he doesn’t respond as directed (that’s right little man, “respond as directed”) at some point in the future we’ll get to see his little behind paddled over Hilliary’s knee.

  • Redwine


    I think that Comrade Barry never actually passed the Bar. He seems to have no understanding of law and certainly not the Constitution.

  • Redlite

    ‘Bout time he got a smack down!
    His childish threat to the Supremes is going to cost him.
    The closer we get to the election he will get more and more desperate. His melt down is going to be fun to watch.

    Sports Illistrated has an article on the Wonderlich scores of athletes ,both high and low. A 10 means that you are literate, I bet Barry is below that.

  • Rock

    Obama’s Enemy list,
    Fox News
    the TEA Party
    Voters who Demanded secure borders
    Returning Veterans
    People of Christian faith
    The Supreme Court
    Oh almost forgot all us pick-up truck owners

    His best pal list
    Russian (wait until after the election, then we can wheel and deal)
    the Muslim Brother Hoods
    The American Socialist Party
    William Bell
    Rev. Wright
    the New Black Panthers
    Illegal alians
    and lord know how many others, not even the Secret Service can see his Blackberry.

    Somehow I don’t feel any better.

  • Red 5

    Talk about un-elected officails. What about all those un-elected Czars Obumbles appointed?
    I hope Obumbles keeps his attack retoric up. It will destroy he and the demo-rats.

  • Monkey Wrench

    Are there any Constitutional scholars here?

    Can someone explain how these judges have the authority order the Justice Department to provide this explanation?

  • Tjexcite

    What is worse that he did it or did it at a joint press confrere with PM Stephen Harper and Felipe Calderón right beside him. Attack the judges just like so many dictators do just before they remove them and have them execute for treason.

  • Bronson

    Obama’s actions are what’s unprecedented. This is beyond disgraceful. If this isn’t the rallying cry to save this country then I don’t know what will be. Regardless who our nominee is, this man NEEDS to be voted out of office.

  • Greg

    The Great Odogma and his acolytes have been disregarding and disobeying the law for so long on so many levels he has simply decided to insist on his own devised dictatorial proclamations and power. The ONLY way to stop this abuse of power and criminality is to impeach or vote him out of office. Already they are beginning to commit campaign financing fraud again. We also know vote fraud is being enabled in the name of intimidation and discrimination. If he wins under fraudulent means again Republicans MUST begin immediate impeachment proceedings! I predict this will be what faces us in the future.

  • lynched1

    Obama is starting to look a lot like the dumbest smart guy some of us always thought he was.

  • Captain Ned

    @#13 Monkey Wrench:

    The DOJ is one of the litigants in the case the 5th Circuit is looking at right now. Since expressions of the Executive must be considered to be binding on all the subordinate Agencies (Unitary Executive Theory anyone?), the Court is well within its bounds to ask if one of its litigants believes itself outside said Court’s authority and upon which grounds.

    Commanding an answer to this question is not a violation of the Separation of Powers doctrine as requiring the answer does not interfere with the Constitutional powers of the Executive Branch. If the Court had instead ordered DOJ not to make an argument that the Executive could ignore the Judiciary, the Separation doctrine would be triggered as that would be an interference with the Executive’s Constitutional powers.

  • Monkey Wrench


    Obama’s criticism of the Supreme Court may be wrong, but it is far from unprecedented. FDR got into a huge battle with the Supreme Court. This is nothing compared to what happened with FDR.

  • Rock


    Sorry really do not know but sure would like to hear what Holder and HIS people have to say on the matter. I suppose we have to wait and see what Holder does. In any case this administration has been at war with just about every element of America, begs the question what is his problem.