The panel is hearing a separate challenge to the health care law by physician-owned hospitals. The issue arose when a lawyer for the Justice Department began arguing before the judges. Appeals Court Judge Jerry Smith immediately interrupted, asking if DOJ agreed that the judiciary could strike down an unconstitutional law.<\/strong><\/p>\n \u00a0The DOJ lawyer, Dana Lydia Kaersvang, answered yes — and mentioned Marbury v. Madison, the landmark case that firmly established the principle of judicial review more than 200 years ago, according to the lawyer in the courtroom.<\/strong><\/p>\n \u00a0Smith then became “very stern,” the source said, suggesting it wasn’t clear whether the president believes such a right exists. The other two judges on the panel, Emilio Garza and Leslie Southwick–both Republican appointees–remained silent, the source said.<\/strong><\/p>\n Laws mean things, and evidently this Judge wanted to make sure everyone was on the same page in terms of what the law says.<\/p>\n The article further reports:<\/p>\n In the hearing, 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.”<\/strong><\/p>\n \u00a0The 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.”<\/strong><\/p>\n \u00a0“I would like to have from you by noon on Thursday — that’s about 48 hours from now — a letter stating what is the position of the Attorney General and the Department of Justice, in regard to the recent statements by the president,” Smith said. “What is the authority is of the federal courts in this regard in terms of judicial review?”<\/strong><\/p>\n Frankly, if I were Judge Smith, I wouldn’t hold my breath waiting for the report. However, there is a point to this. Because many Americans do not understand either the Constitution or the roles of the three branches of government, President Obama may actually succeed in his ‘intimidate the Supreme Court to prevent Obamacare from being overturned’ campaign. This is a dangerous time for America. We need to make sure we understand how our government is supposed to work and protect its ability to work correctly. It’s time for all of us to be aware that the government serves at the will of the people–it is not in place to control us and tell us what to think.<\/p>\n The statement made by the President in the Rose Garden earlier this week that “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 … Continue reading ![\"Enhanced](\"http:\/\/img.zemanta.com\/zemified_e.png?x-id=d3f2307e-0184-4489-9bed-892db898890a\")
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