Judges Oppose President Obama’s Attack on Judicial Review

Appeals Court demands explanation from the Justice Department

A federal appeals court is standing up to President Obama’s assault on the doctrine of judicial review, established way back in 1803 by Chief Justice John Marshall in Marbury vs. Madison.

The president, ignoring the two centuries of Supreme Courts overturning laws, threatened the current Justices, said this the other day:

“I’m confident that the Supreme Court will 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.” – President Obama, urging the Supreme Court to uphold Obamacare 

Judge Jerry Smith, of the Court of Appeals for the 5th Circuit, called the comments troubling and ordered President Obama’s Justice Department to explain the president’s stance in three single-spaced pages by noon on Thursday. Judges usually stay away from political brawls but when one branch encroaches on the power of another, it’s time to fight back.

Read more about it here—and see how the media tries to disguise the hostile nature of the president’s remarks (750 words/1.5 pages).


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