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Angry federal judge gives Obama an essay assignment

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Federal Appeals court justice asks for three page essay, single spaced.

President Obama has an essay assignment and he'd better turn it in on time. This after making comments about the Supreme Court, challenging their authority to rule on his health care legislation which appears headed for destruction.

Highlights

By Catholic Online (NEWS CONSORTIUM)
Catholic Online (https://www.catholic.org)
4/5/2012 (1 decade ago)

Published in Politics & Policy

Keywords: Obama, Supreme Court, essay, Jerry Smith, DOJ

WASHINGTON, DC (Catholic Online) - The assignment is real. A Federal Appeals court has ordered that the administration clarify the comments made by Obama when he made remarks on Tuesday, which have proved controversial. 

Obama said, "Ultimately I am 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."

He continued, "And I'd just remind conservative commentators that for years what we've heard is the biggest problem on the bench was judicial activism or a lack of judicial restraint, that an unelected group of people would somehow overturn a duly constituted and passed law."

In response to these astounding comments, Judge Jerry Smith sent a letter to Attorney General Eric Holder. Smith asked, "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?"

An attorney for the Department of Justice (DOJ) replied, "Yes" but that did not satisfy Smith who was very concerned about Obama's reference to the Justices as an "unelected group." Smith added, "That has troubled a number of people who have read it as somehow a challenge to the federal courts or to their authority, and that's not a small matter."

Following this, he gave what amounts to a literal essay assignment to the DOJ. 

"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."

He stated the topic: "What is the authority is of the federal courts in this regard in terms of judicial review?"

This step by a judge is largely unprecedented, but so are the President's remarks. The judiciary is sending a clear statement to President Obama - You do your job and we'll do ours. It's a message Obama would do well to mind.

And we'll see if he hands his homework in on time. 

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