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.

  • 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.

  • Monkey Wrench


    Thanks, Captain Ned. I get it now.

  • bg


    attn: GP

    re: Roosevelt did 75 years ago. link..

    page not found..


  • Estragon

    Odd that a “constitutional law professor” would think it unusual for the Courts to overturn Acts of Congress: they’ve voided on average one such law every 16 months, and in the last 20 years it is closer to one every seven months.

    Of course, it’s also odd that a “constitutional law professor” could keep his position for more than a dozen years without every having published a single scholarly article in his entire career.

  • does the myth think that in brown v. the board of education of topeka the court over stepped its authority in setting aside separate but equal laws.

    obama’s comment that the court can’t overturn the law because it was passed by both houses of congress ranks up there in stupidity with we have to pass the bill to find out what is in it.

  • StrangernFiction

    Barky is such fun when he goes off prompter. “An uninelected group of people.”

  • The *smart* thing for the Justice dept. to do would be to pen a very short letter:

    To: 5th Court
    RE: Question, do the Courts have the Constitutional authority to strike down Federal law.


    Justice Dept.
    (Like this would happen)

  • Monkey Wrench

    It’s obvious why Obama made the statement. He now realizes that the Supreme Court probably will overturn at least part of the law. Jeffrey Toobin makes a pretty persuasive case for why that’s the most likely ruling.

    This was a political statement. He’s laying the groundwork for the political case he is going to make in the election. He’s going to make an issue of this ruling, Citizens United, and probably Bush v Gore. We are now going to hear the Democrats trying to make an argument against activist judges.

  • Freedomplow

    Do you have any idea how many people in this country will never participate in healthcare? Millions.

    Government… You must buy a lottery ticket… But you can never win.

  • Rock

    WTF put an Activist judge on the bench, and now he’s complaining, if it was not so scary it would be laughable. 🙁

  • Monkey Wrench


    How does that work? Are these people born at home, never visit a doctor, and don’t have children? I think they must at least get the proper vaccinations for smallpox, polio, and whatever else is required.

  • jainphx

    I think it’s all for the purpose of ignoring the court. Only one as arrogant as Obama could even “think” that he can avoid the courts rulings. That judge in the oil embargo case that ordered the ban on drilling be set aside, was just ignored. has anyone EVER seen one like this before? So I think he knows that the court is going to knock his baby down, and probably in toto, why else would he take this action in an election year.

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  • Monkey Wrench


    People on this site seem overly paranoid. If the court rules that the Obamacare law is unconstitutional, then it is no longer law. Obama can’t ignore the court’s ruling. This is the USA. That’s not going to happen.

    It’s going to be a mess, because some of the provisions are already in effect. Lots of people will lose their insurance, etc…

  • Obama’s actions will be just another in a long line of impeachable offenses.

    And in other news, the sky is blue.

  • well the myth has been ignoring congress so why not the courts. dictatorship here we come.

    activist judges makes laws, they usurp the legislative process. that is what liberal judges have been doing for over fifity years. ruling on the constitutionality of a law is not judical activism. if they replace it with a law of their own that would be judical activism.

  • Monkey Wrench


    What are you talking about? Judges can’t replace a law with one of their own. Judges can’t write laws. They can interpret the meaning of a law in some cases. Is that what you mean?

  • no thats not what i mean. judges have overturning laws and providing their own remedies for over fifty tears what the hell country have you been living in that you don’t know this. thats judicial activism.

  • Monkey Wrench


    Okay. I thought you said judges were replacing a law with a law of their own.

    So are you talking about situations like when judges demand that a prison reduce it’s population because it is overcrowded and the living conditions are inhuman? I remember when the Kentucky Supreme Court declared the school system unconstitutional and forced major
    changes. Things like that?

    Do you have a good example?

  • Ace

    Speaking of Constitutional ignorance, perhaps the author of this blog ought to study Article 2 Section 1.

  • For example, school district busing for desegregation purposes. Busing black students into white districts (and vice-versa, although I think those white students then end up in private schools) has been done at the direction of the court for decades.

    Seriously, what country has this Monkey Wrench been living in?

  • Monkey Wrench #13

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

    Simple. The Constitution gives courts authority to compel obedience.

    From the White House site:

    ‘Article III of the Constitution, which establishes the Judicial Branch, leaves Congress significant discretion to determine the shape and structure of the federal judiciary.

    Federal courts enjoy the sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases. The courts, like Congress, can compel the production of evidence and testimony through the use of a subpoena. The inferior courts are constrained by the decisions of the Supreme Court — once the Supreme Court interprets a law, inferior courts must apply the Supreme Court’s interpretation to the facts of a particular case.

    The Supreme Court of the United States is the highest court in the land and the only part of the federal judiciary specifically required by the Constitution.

    All Justices are nominated by the President, confirmed by the Senate, and hold their offices under life tenure. Since Justices do not have to run or campaign for re-election, they are thought to be insulated from political pressure when deciding cases. Justices may remain in office until they resign, pass away, or are impeached and convicted by Congress.’

    The Judicial Branch

    Simplistic explanation considering Hussein is allegedly an expert on the Constitution.

  • Monkey Wrench

    Lol. I’ve been living in the good old USA. I remember busing when it happened.

    One person sees an activist judge where another person sees a judge upholding the Constitution.

  • [email protected] #35

    re offenses

    ‘Did Barack Obama Campaign Threaten Life of Chelsea Clinton to Keep Parents Silent on Obama’s Ineligibility?

    Most people in the US, especially Democrats, believe that the Obama Birther Movement was started by Republicans and or the Tea Party. They believe it is a smear campaign aimed to tarnish the image of their hero of change. But they may be shocked to learn that the Birther Movement was actually started by former President Bill Clinton and Hillary back in 2008.

    Bettina Viviano was a vice president with Amblin Enterntainment, Steven Spielberg’s company, before launching her own film production company in 1990. In 2008, Viviano was asked to produce a documentary about voter fraud within the Democratic Party. At the time, she says she was not a Democrat or a Republican and in fact had never voted in an election. She went into the project with the sole purpose of producing the best and most accurate documentary possible.

    During the documentary process, Viviano says that she quickly became aware of just how dangerous and insidious the Obama campaign was. A number of the Democrats she interviewed refused to appear on camera and told her that their lives and property had been threatened by people working with the Obama campaign.

    She also heard former President Bill Clinton say that Obama was not eligible to be president because of his lack of birth records. In fact, she said it was common knowledge around many top Democrats. Bill Clinton has often said that he would go public with the information when the time was right.

    Before that could happen, his close friend and head of the Arkansas Democratic Party, Bill Gwatney was murdered in his office and then someone told Bill that he was next if he said anything about Obama’s eligibility. In the video below, she said that Clinton was not intimidated until someone associated with the Obama campaign told him that his daughter Chelsea would be next if he opened his mouth. From that point on, the Clinton’s remained silent about Obama’s birth certificate or lack thereof.’

    Obama Campaign Threatened Chelsea Clinton


    ‘In a turn of events that shocked many in the legal and political fields, Alabama State Supreme Court Justice Tom Parker sided with Maricopa County, Arizona Sheriff Joe Arpaio in his findings that the birth certificate presented by Barack Obama may, in fact, be a fraud.

    Justice Parker’s took the unusual step of issuing a public concurrence regarding the evidence submitted before the court, much of which included the findings of an investigation conducted by Sheriff Arpaio, suggesting that president Obama was not born in the United States. The findings in the report went on to state that there was clear and convincing evidence that the birth certificate released by the commander-in-chief may not be authentic.

    The findings of Arpaio’s well publicized investigation were brought forth as a result of a petition filed before the Alabama Supreme Court by activist Hugh McInnish to force president Obama to present an original, state issued certificate of live birth before being listed on the state’s presidential ballot. Despite Indonesian school records indicating otherwise, Barack Obama claims to have been born in Hawaii on August 4, 1961.’

    Supreme Court: Authenticity of Obama’s birth certificate “cause for concern”

    No wonder American courts have to tell the foreigner about the separation of powers.

  • FurryGuy

    #37 April 4, 2012 at 1:17 am
    Monkey Wrench commented:

    What are you talking about? Judges can’t replace a law with one of their own. Judges can’t write laws.

    Roe v. Wade.

    Precedent is the prime example of judges writing law, law books are filled with cases that wrote new laws. It happens a lot more often than most people realize.

  • FurryGuy

    #36 April 4, 2012 at 1:07 am
    tommy mc donnell commented:

    This administration has been ignoring court rulings virtually from day one. Remember the ban Barry slapped on on-shore and off-shore drilling that a federal court threw out? Nothing has come of that.

  • tjking

    During the now biblical telling of the 2008 campaign, when questioned about Obama’s strongest assets in his resume (which only happened about 2 times) the response revolved around three items. One, he won the nomination,…ummm,..OK? Two, there was always a gratuitous mention of his “unique narrative”, which means, If Obama had a Dad, he would look like him. Both of those lame resume enhancers are asanine on their face. The first one is a variation of the Joseph Heller Catch 22, that you are not crazy if you want out of the war. I.E. Obama had no qualifications before running against Hillary, yet he was the better choice than Hillary because of his qualifications of which he had none, but having beaten her he now had gained her magical powers by some sort of witch Doctor ceremony or something, who knows. The point is he was unqualified, except for his “Unique narrative”, which was code speak for “This is your chance to vote for Morgan Freeman.” (Who might actually have better qualifications since he played POTUS on TV).

    So that leaves the third and really only resume enhancer. Obama is supposed to be a “Constitutional Scholar”. Not a real constitutional scholar, like Richard Posner or Judge Bork, but he was chosen to be editor of the Law Review when he was a student in school, and he later worked part time briefly teaching a couple of Law classes at Univ. of Chicago. He was the equivelant of a substitute teacher and probably got the job through Bill Ayers, by some accounts. This is his sole resume qualification to be what in his mind is Dictadura of an Imperial executive branch that scolds the other two, even when he at one point had party control of both houses.

    I would like to hear what real legal scholars would consider this type of resume for even a district judge. After three years, conservatives have often characterized these types of remarks as either the carefully crafted words of an evil genius who is delicately massaging the political landscape with his incredible political mind, or the angry outbursts of an angry but intelligent legal mind,..but is it possible that he is just intellectually lazy and without the pressure and oversight to remind himself of the limitations of his executive power, he actually believes his own angry rants. He is doing what the old MI5 spies once called, “drinking your own bathwater”. That is he really believes this crap and he is not a very intelligent or learned man. How was it so easy to believe that Geo. W. Bush, a governor, successful businessman and an MBA was a complete dunce and this empty suit is even in the same intellectual zip code of Clarence Thomas?

    His sole comeback for all failings is “The Dog ate my homework” (or Bush ate it).

    Barry Obama is as delusional as Capt. Queeg and he comes across as one of those patrons that screams, “Do you know who I am?”. When he claims this is unprecedented, first aren’t all laws that are overturned the result of a majority vote? And this was anything but a stong majority as he says. The votes were openly bought and traded in plain view. The party leaders and the white house admitted that the polls showed that the people opposed it, but would learn to accept it. The WH recently even attempted to refer to this as a bipartisan law, which is a total lie. I remember the nervousness of the left when through gritted teeth they cursed the GOP for not tagging a single vote on this sinking monstrosity, because they knew this day might come. So now they just openly lie and claim it was bipartisan, when in fact it was the least bipartisan transformational piece of legislation of its kind in all of American history.

    And trying to compare conservatives remarks about Judicial activisim is a joke. Liberals want to read in to the maleable constitution interpretations that have never existed, which is inventing law or manufacturng law which is legislating from the bench. What Obama is upset about is Justices that are inisting that legislation comport itself with the constition as it is and always has been. In the truest sense of the term conservative, they want to protect and preserve the original document and the intentions of the founders. This is the domain of their branch of government. Shouldn’t a Harvard Law School student know this?

    Finally the insult that they are not elected by the people, as if to say they are illegitimate. If they were legislating from the bench, the matter of facing the people for re-election would be a point for consideration, but they are not. Interestingly enough, Obama was not elected by the people either. He was elected by a plurality of electors. Those electors that voted for him, are not legislators or members of the executive branch. They were chosen by Democrat Party officials at the state conventions. So when Obama tells Eric Cantor, I won, you lost,..or when he trashes the Supremes in the SOTU,…now that is unprecedented. This guy is now and always has been a thug. He is not a very smart thug. I think his personality was set not at Harvard, but as the tallest basketball player at an elite private school, where you could trash talk on little Jimmy Takayama after slamming home a dunk over his head. He is just an angry thug from a sheltered side of the Islands. That is the true nature of his “Unique Narrative”.

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  • Multitude

    tjking #47: Don’t for a moment think Obama’s incompetent; this line of thinking is remarkably dangerous.

    Consider this: If Obama and the Progressives 1) seized power and implemented Lenin’s second revolution, 2) declared open war on the middle class all but short of rounding them up in boxcars and sending them to camps, and 3) lied about it to trick them that nothing was really happening while the process of second revolution was carried out… what exactly would this process look like?

    It’d look exactly like what we have happening here. I truly marvel at the fact that so many are so poorly studied on the left’s influences, strategies, etc. Anyone who’s read Lenin’s letters would see that the remarkably unoriginal progressives and their designate Obama are following a rather identical path with the exception that the target appears to be a corporate-fascist kleptocracy akin to Putin’s regime (to which Obama whispers secret messages to when he believes he is off camera). No contemporary Leninist would aspire to go back to the old economic model of 1918 (another reason so many are not recognizing the threat as the expect a Communist would precisely follow the path of prior generations rather than update the approach).

    We are here; second revolution has been underway, and the conservative, middle class income earner is the new Jew.

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  • Did anyone else catch the slip in the video he almost said overturned. He had to say upheld twice so even he doesn’t think it will stand. It was at about 3:46 in the video.

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  • squeaky

    i guess barry’s enemy list just expanded a bit. like mother nature you don’t diss barry. dictatorships have a way of quietly evening up the score……i know there’s examples out there of other tin horns who don’t like the highlighting of their “anything but perfect” being.
    like that scene from the godfather where fredo [who betrayed the family] is last scene being rowed out on the lake under the roose of fishing

  • Obamas regulation destroy jobs

    I guess Vernon/Valerie Jarrett did not set him for this..when they groomed him to be a Senator/President. He has NO bond, loyalty or honor for America or its citizens..he wasn’t even here until 11/12 yrs old. He has heard NOTHING but negativity since he was in a radical Islamic school how America sucks. He is letting thousand of Syrians into America, and he is planning secrets with Russia? WTF.

    He doesn’t like our:

    Educational system
    Defense Shields
    Coal Mines
    Christian Crosses
    The word GOD (verus allah)

    Gee, what does he like about America????? Oops they both like Vacations with AIR Force One and GOLF! Oh, and affirmative action.

    MO: “For the first time in mines life, I’m proud of America”

  • Here in California Prop. 187 (not responsible for illegals medical and schooling) was turned over by ONE black-robed god. No actvism there, right?

  • bigL

    Obama has added 9 Planes to the WH fleet including c-17s to fly staff and limos to campaign stops.

    I think he says these things and ignores most of the rest of govt because he has no opposition. The GOP has done nothing and I guess from roimney and RNC statements are not going to campaign against obama at all.
    If the stituation was reversed, I am sure the Donks would have filed law suits and other hearing requests over and over. In the last admin there were all kinds of groups suing Bush’s officers.
    Look what all the ethics suits did to gov Palin. Hounded her out of office and the GOP did nothing to
    help her.

    Obama challeges the Supreme Ct because he knows he can get away with it. They are mute. I bet they have been threatened .Justice Stephen Breyer was attacked in Barbadosand robbed just last month, see how it works…

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  • donh

    The court is supposed to rubber stamp approval of everything Obama wants…as in any fascist dictatorship.

  • squeaky

    “Obama has added 9 Planes to the WH fleet including c-17s to fly staff and limos to campaign stops.” hmmmm? and who will come up short on this if there’s a real emergency that is running neck and neck with the obama campaign emergency to re-elect obama….. the re-elect emergency being [use your imagination] – along the lines of pipe dreams. he has to win 4 more to transform a nation into something that would make any 3rd world nation look like paradise.

  • Lady Kurobara

    Besides being unconstitutional, Obamacare is founded on an egregious assumption which has no basis in scientific fact — that human beings are sickly little babies who require constant medical attention from cradle to grave. In fact, serious illnesses are rare, and serious accidents are rarer, still. People are remarkably tough. More to the point, the entire concept of universal healthcare is nothing but a cruel lie. It cannot be sustained financially unless the aged and the chronically ill are (inevitably) excluded from coverage (see: “Death Panels”). And then, of course, it ceases to be “universal.” So universal healthcare exists in the same realm as the perpetual motion machine — beguiling in theory, but impossible to implement in practical reality. It is a promise (like so many others) which our politicians can never deliver. Even more to the point, universal healthcare is not really about “health” and “care” at all — it is about power. The 2700-page bill contains hundreds of legal loopholes — enough to give the government unlimited power over every aspect of your life. All your personal details will be monitored, recorded and, finally, controlled — your diet, your web browsing, your TV viewing, your reading habits, even your sexual proclivities. In five years, you will not be able to eat a Twinkie without government permission. Which, ultimately, is the really scary part. Life and death decisions will be made by ignorant, arrogant bureaucratic morons with no medical knowledge at all. Just imagine your family’s healthcare being managed by the friendly folks down at the DMV — or the Post Office. Their default decision will always be, “Time to unplug granny!” And, like all bureaucrats, they will be vulnerable to bribes, corruption and poltical favoritism. The rich will get more and better care, and Tea Party members will have an inexplicably difficult time getting any care at all.

  • CV1

    Obama’s advisers must go crazy when he goes on rants like this. There’s no way they can advise him to say such things, unless they are as arrogantly close-minded as he is. I can’t wait until the Supreme Court goes against his wishes. That is when Obama’s walls will come crumbling down.

    Can’t wait!!!!!

  • aprilnovember811

    I wish someone would spit in this African usurper’s face! I hope Sheriff Joe Arpaio, can now depose Obama, and prove his eligibility to sue him in court. Get his records. He needs to be tried and executed under our treason laws.

  • Redlite

    Didn’t Barry and Moochelle surrender their license to practice law?

  • Jim

    Love this guy – Judge Smith.

    This President seems to not understand what “Co – but Equal” branches of the government means

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  • JG

    #2 DnD commented: “I can’t wait for Thursday, about 12:15 pm… ”

    I’m getting up extra early. Have to prepare the giblet popcorn.

  • bobdog

    I think Obama is working off the wrong organization chart. The president is not alone on the top line.

    Perhaps the court should have directed the Justice Department to require the response to be drafted by Obama personally. After all, he’s a constitutional scholar and a recipient of the Nobel Prize. Surely this would be a small task for President Wile E. Coyote, Super Genius.

    And he’s got the time. The only thing on his calendar between now and election day is fund raisers and vacations.

  • JC

    I’m 100% behind the judges on this subject. But I’ve never heard of this kind of thing before. Since it was the president who said it and not the DOJ, can’t the DOJ just tell the judges to F off?

  • JC

    Nevermind. Captain Ned answered my question in post #18.

  • Steven

    Monkeywrench – I am no constitutional scholar but I am a practicing attorney. The Fifth Circuit’s request was within their authority because it was made during oral argument in a similar case.

    Manytimes during oral agrument an issue will arise and judges will request that the litigants brief the issue, which means that they submit additional papers explaining their position. In this case, the 5th Circuit wanted clarification of the governments position with respect to the court’s authority.

    Regardless of your position on Obamacare, the President’s remarks were dangerous. It is the court’s function to protect us from laws that violate the constitution/bill of rights. For example, if Congress passed a law that banned abortion, it would be the courts function to strike the law as unconsitutional because it violates a woman’s rights. I am trying not to get political but the idea that Congress can pass any law and the courts can not review it is really bad. Only in dictorships can law be unchalleged.

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  • YourMaster

    *lmao* The Dems have made enemies out of everyone….
    now the Supreme Court.

    The law should be struck down… and then, the supreme court should gloat about it
    and rub it in the dems face. that… they lost!

    he’s f*cked if he keeps the 0bamacare bill. The catholics then have more than enough reason to vote republican in the next election. and while this continues… if it’s stopped the catholics will be even happier and make sure to keep 0bama/dems out of office in 2012…
    in fear that… they may try something like this again.

    it can’t repeat… if he isn’t in office. *l*

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  • Gary

    Estragon 23

    Obama can spin it any way he likes now in hindsight, but I think it was clear to any objective person watching that he honestly did not think the Supreme Court was a co-equal branch or that they had the authority to rule Congress’s laws unconstitutional.

    Also, from his latest statement trying to wipe the egg off his face, he seems to be going out on the limb of dictating to Congress that they somehow pass a law so that such a “loophole” (my word) not be used again.

    I think Obama thinks the separate powers are President on top, then Congress, then Judiciary.

    Sadly, there is a sociopathic liar in my family and I recognize all the signs of a person who perpetually invents a reality wherein they’re never wrong and everybody needs to get with the program. Sadder, 53% of those who voted last time were taken in by it.

  • sandy

    While the Palestinians call Moses a Muslim therefore making the old testament of the bible a lie. Obama infers that The Supreme Court should not interfere in a major law because they weren’t duly elected by the people of this country.

    Forget the 3 co-equal branches of Government and the constitution on which this nation was founded — if Obama can convince us that the Constitution is 300 year old lie he can not only win the election but can be installed President for Life. Hey if the 9 mean nothing there will be no need for more pesky elections to confuse the public.

  • Patty

    Obama, I can just hear him in the White House, “HOW DARE THEY GO AGAINST ME, I AM PRESIDENT” 😆


    Law Professor, where are his records from College. What did he teach. Who were this guys students.

    Now, DOJ will answer the question of the court and single space within 48 hours a 3 page report on what this administration believes is the Work of the Supreme Court.

    If our kids are listening in Government classes they could answer this. And if they heard what this president said they have to be laughing. Yet, this is one of the many reasons Obama must NEVER be president again.

  • Patty

    3 Cheers for the 5th Circuit Court. Justice is Served up!!

    We have tolerated this administration Nazi tactics way too long.

  • JG

    In other news:

    “Bill Ayers to Ghost-Write Obama’s Three-Page Homework Assignment.”

  • tjking

    #49 Multitude, I am not proposing that Barry is incompetent or a complete dunce, as I explained was the error regarding the left’s portryal of Bush. I am fully aware of the extent that a President of mediocre qualifications can do. I propose that he is like many other liberals in that they acquire a comic book level grasp of College courses, they meet in the Salons of the elites and they drop the names of existentialists or landmark legal cases that they never read as a secret handshake to start exchanging radical leftist memes that could never withstand a rigorous debate in an open forum.

    If you need an example, last week, I watched Stephanopolous’ show where Doris Kearns Goodwin shows off her research for her new book by comparing Emmit Till to Trayvon Martin, and the rest of the Chardonay sipping gang nod knowingly, but not a peep. Not a peep. And she was followed by NAACP’ Ben Jealous who claimed Zimmerman pulled out his gun and began chasing Trayvon, then confronted Trayvon with a brandished weapon, at which point Trayvon attacked Zimmerman in a justified fight to defend himself. No one challenged him. In these get togethers at parties and such, these liberals believe what they hear in the echo chamber, even as they are aware that there is a lot of useful “propoganda” being test marketed amongst themselves. That means they lie and then pass it on.

    Two bit thugs from Stalin to Saddam who dropped out of school to become hired muscle for local political thugs made it to the top by being at the right place at the right time and by eliminating their enemies at the local, then regional, then national level. They out-thugged the other thugs.

    What we all know in our gut is that when Pelosi, on behalf of Obama, meant when she said “pass it in order to figure out whats in it” is that it really is not important to appreciate the minutiae or even if it will provide any of the services it claims to provide. What is important is that a transfer of power from the people and the states be handed over to the federal government and to the political power structure of the left. Thats it in a nut shell. And what Obama’s petulent tantrum this week is about is him saying We were convinced that we had taken over one seventh of the economy and if not for those meddling kids and that dog, we would have gotten away with it.

    Some of these leftists, like Bill Clinton, know that their side is pitching mindless swill. And they laugh it off behind closed doors. Clinton was all about Clinton having a good time regardless of whether he is selling widgets for the left, right or middle. Obama actually believes he is a Messiah of some sort and that the path of leftism is the sacrament that will take him to Heaven.

    When I say Obama is intellectually lazy and not so smart, I mean in the realm of qualified American presidential minds and our founders. As I said, his qualifications to be a District Judge or maybe an assistant AG at the state level are questionable, from a legal point of view. Did he know how to slit the throats of his political rivals in South Chicago? Oh Hell yes. Like Saddam and Stalin when he left school, he went to the street. I’m sure they have a name for community organizers in Tikrit.

    Yes, we are watching a revolution, and our odds of surviving it are dwindling. The main lessons of the 20th century are right in front of us all, yet you rarely hear a peep about the elephant in the room.

  • Valerie

    #45 April 4, 2012 at 2:27 am
    FurryGuy commented:

    Monkey Wrench knows very well that some law clerks and judges are overly eager to “make their mark on the law.” He also knows that real lawyers are not impressed with Barack Obama’s glaring lack of legal knowledge about our Constitution and its subsequent history.

    “We were half-joking yesterday when we asked if Barack Obama slept through his Harvard Law class on Marbury v. Madison, the 1803 case in which the U.S. Supreme Court first asserted its power to strike down unconstitutional laws. It turns out it’s no joke: The president is stunningly ignorant about constitutional law.”

    “At an appearance this afternoon, a reporter asked Obama a question following up on yesterday’s comments: “Mr. President, you said yesterday that it would be ‘unprecedented’ for a Supreme Court to overturn laws passed by an elected Congress. But that is exactly what the court’s done during its entire existence. If the court were to overturn the individual mandate, what would you do, or propose to do, for the 30 million people who wouldn’t have health care after that ruling?””

    “Obama’s answer to the question was that he expects to win in court, and “as a consequence, we’re not spending a whole bunch of time planning for contingencies.” ”


    For those of us with experience in the government and the judicial branch, that was a real jaw-dropper.

    I abstract two points from that article:

    1) A normal administration would right now be looking into changing the text of the legislation in question, in an effort to get what it wants assuming an adverse ruling. They know the objections by now, and a normal administration would be trying to reformulate to avoid further conflict. Sometimes legislation is improved this way.

    2) A normal Constitutional scholar wouldn’t be shooting off his mouth without being thoroughly briefed beforehand on the issues and history of the pertinent line of cases. Actually, a normal Constitutional scholar would very likely be driven to dig into it on his own, if for no other reason than to refresh his memory in light of the new set of facts. Barack Obama has purportedly impressed a bunch of smart people by his long-term thoughtfulness about, and vision for the need for drastic change in, our form of government. One would expect him to be accurately conversant on the subject before he goes to a press conference.

    Barack Obama is acting like those climate “scientists” who “lost their data” — that is, like a person who is not at all what he pretends to be.

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  • bg


    Gary #77 April 4, 2012 at 11:20 am


    Barry And The Purple Crayon


    BARRY AND THE PURPLE CRAYON concerns a little boy who literally “colors his world” by using a crayon to draw whatever he happens to need. The story begins with the little boy, Barry, wanting to take a walk in the moonlight. Because there isn’t a moon, Barry decides to draw one, as well as a path to follow on his walk. When Barry realizes that the straight path is getting him nowhere, he decides to draw a short cut. As the story moves along, Barry and his crayon move along too. Barry draws what he desires, finds himself in difficulty, and draws his way out of his dilemmas.]


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  • jd4ron

    Lets be honest – Obama is right – the U S Courts have absolutely NO POWER TO ENFORCE THEIR RULE- they have no military and no police force – they ar an advise on the Constitution and the other Branchs enforce their rulings -If the President Congress and the people don’t like one of their ruling they can refuse to enforce and the courts can do nothing . Let us remember President Jackson did just that