Morning Mix: Obama Ticks Off Courts, Courts Assign Homework

Today’s lesson?† Don’t make federal judges angry unless you are ready to serve a detention.† President Barack Obama made a statement declaring it would be “unprecedented” if the Supreme Court overturned the Affordable Care Act.† And that statement put the conservatives, as well as many in the judiciary, in a frenzy.

Writing in the Daily Caller, one law professor bemoans, “Two years ago, President Obama had the unmitigated gall to dress down the justices of the Supreme Court in his State of the Union Address. Now he is laying the groundwork for a political assault on the court should it find his health care legislation to have exceeded Congressís constitutional authority. Like so many who have preceded and followed him in the legal academy, the president seems to view the rule of law as nothing more than a cover for politics and the aggregation of power. So long as heís got power, he seems fully intent on using it with little regard for the Constitution.”

And conservative pundit Rush Limbaugh, apparently hoping to get back in the headlines, called the President a “thug.”† “Heís a thug..Iím not trying to be provocative when I say this. Iím just quoting Bill Clinton, folks. Bill Clinton referred to Barack Obama as a Chicago thug during the 2008 presidential campaign.”

But federal judges don’t need anyone to defend them.† They can fight back on their own.† With homework.† “[5th circuit] Judge Smith says the president’s comments suggesting courts lack power to set aside federal laws ‘have troubled a number of people’ and that the suggestion ‘is not a small matter.’† The bottom line from Smith: A three-page letter with specifics. He asked DOJ to discuss ‘judicial review, as it relates to the specific statements of the president, in regard to Obamacare and to the authority of the federal courts to review that legislation…I would like to have from you by noon on Thursday…”

As Think Progress notes, the 5th circuit has always had a bit of an ideological bent.† “When the oil industryís allies in Congress wanted to protect the industry from drilling lawsuits, they passed a bill trying to force those lawsuits into the reliably industry-friendly Fifth Circuit. When a high school cheerleader sued her school district after it made her cheer for her alleged rapist, the Fifth Circuit ordered the alleged rape victim to pay more than $40,000. When one of the courtís few progressives asked a series of probing questions to a prosecutor during a court hearing, Fifth Circuit Chief Judge Edith Jones yelled at him to ‘shut up’and asked him if he would like to leave the courtroom.”

Still, the administration had better not make them any angrier or they may be forced to clean erasers at the end of the day.

Photo credit: Thinkstock

35 comments

SeattleAnn S.
Ann S5 years ago

Limbaugh is calling Obama a thug? That's rich.

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Mary Driver
Mary Driver5 years ago

He's doing everything else he wants to do! These judges aren't going to stop him! He took an oath to uphold the constitution and yet he TEARS IT APART, RIPS IT ASUNDER and waves it in your faces at least on a weekly basis! He is our FIRST ELECTED DICTATOR!

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Ira L.
Ellie L5 years ago

The CONservative teabagger republican extremists have pretty darn near destroyed America. President Obama will be written up in History as the greatest, most courageous, smartest, most caring president EVER. And this kills the religious fanatic extremist CONservatives-in name-only. President Obama will be reelected in 2012, with God's help, and it will bring about the end of this horrific GOP regime that Adolph Hitler would be proud of. And we all know where he ended up. So, GOP, pack up your 1,000 laws that destroy everything decent and leave this planet ASAP.

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Inga S.
Inga S5 years ago

After Citizens United the Whole Country should be Questioning this SCOTUS! The President didn't say anything he shouldn't have said SO the 5th Circuit MUST KNOW HE'S RIGHT in what he said or they woulld not have jumped so quickly to make him "take that back".
Our Government is looking so Like a Jr. High school with it's Clicks, bullies and in-crowds. Hurry let's steal some poor kid's lunch money, beat him up and lock him in a locker.

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Robert Fitzgerald

Most legal scholars express more far more concern over Fifth Circuit Justice Smith's overtly political reaction to Obama's message, demanding an explanation in three days. Republicans want to be able to spout anything they want, and then they jump with heavy boots on anything the liberals say in order to create controversy.

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Larry Cormier
Larry Cormier5 years ago

Obama was actually worried about the actions taken by a bought off SCOTUS, as well as all the little clowns in the Fed Justic system. He has the right to be concerned since the decision over Citizens Unighted and the public buying of at least Scalia and Thomas by the Koch Brother the year b4!! When are We the People going to wake up?? Probably only after its to late and they (the 1%) have taken away our Bill of Rights buying the laws passed (NDAA, UnPatriot Act etc) which have allready taken our 5th, 6th and 7th Amendment rights!! We have to tell all these hoilier than thow clowns that treason is still punishable by death by firing squad!!

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Vivianne Mosca-Clark

The court is B***S*** ........
The president has been trying to help the general public in this country. I am so mad at the supposed superior court. They are bought and payed for by the 1% and most Americans are finding that out. Corporations are NOT people. You can't sue a corporation....and now you can't put as much money into people's campaigns that help all the citizens.. Because the 1% are making laws that inhibit voting, and make video's with out right lies in them. Rebups change what they say more often them most people change cloths.

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Vivianne Mosca-Clark

The court is B***S*** ........
The president has been trying to help the general public in this country. I am so mad at the supposed superior court. They are bought and payed for by the 1% and most Americans are finding that out. Corporations are NOT people. You can't sue a corporation....and now you can't put as much money into people's campaigns that help all the citizens.. Because the 1% are making laws that inhibit voting, and make video's with out right lies in them. Rebups change what they say more often them most people change cloths.

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Karen and Ed O.
Karen and Ed O5 years ago

"President Obama had the unmitigated gall to dress down the justices of the Supreme Court in his State of the Union Address." Actually I wouldn't call that gall, I'd call that courage. And to dress down this court is something more people should be doing.
This court is a disgrace and an embarrassment to the United States.
I just wonder when we are going to stop talking about it and start investigating Scalia, Thomas and Alito. I guess we'll have to wait until the 2012 elections are over to find out.

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Gary Ansorge
Gary Ansorge5 years ago

Bruce K.

"still a democracy, sometimes I think he wishes it wasn't"

Hell, there are times I feel that way but who would WANT to be dictator over a country with 308 million people like you...

Crude, inefficient, contentious,,,these are all descriptions of a democracy but, for some reason, it kinda, sorta works.

Truly brilliant people (like my Son) have no interest in being president(sorry West Wing, that's not the way we work). I expect the Pres has an IQ around 135 to 140(which is about what would be required, with a lot of hard work, to accomplish as he did). If it was much higher than that...he'd be a physicist instead of a politician.

Granted, Jimmy Carter had a degree in physics but it wasn't a Bs. It was a Ba(arts rather than science) which requires a lot less in specialized education.

The presidents greatest saving grace is that, on top of being quite bright, charming and articulate, he also has compassion. A truly rare combination in a politician.

Go Barry!

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