(Pablo Martinez Monsivais/AP Photo)
Judge Jerry Smith of the 5th Circuit U.S. Court of Appeals, a Reagan appointee, issued the order during oral arguments in a case challenging the Affordable Care Act’s restrictions on physician-owned hospitals.
“I would like to have from you by noon on Thursday… a letter stating what is the position of the Attorney General in the Department of Justice in regard to the recent statements by the President — stating specifically, and in detailed reference to those statements, what the authority is in the federal courts in this regard in terms of judicial review,” Smith told a government lawyer in a recording of the hearing released by the court.
“The letter needs to be at least three pages, single-spaced and it needs to be specific,” he added.
Smith was responding to statements Obama made Monday at a Rose Garden press conference, when he said in response to a question that it would be “an unprecedented and extraordinary step” if the Supreme Court overturned a law that was passed by “a democratically elected Congress.”
“I would 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 — and passed law,” Obama said. “Well, there’s a good example, and I’m pretty confident that this court will recognize that and not take that step.”
Obama’s argument clearly unsettled Smith, who just moments into the presentation by DOJ lawyer Dana Lydia Kaesvang interrupted to voice his displeasure.
“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?” he said.
“Yes, your honor. Of course there would need to be a severability analysis, but yes,” Kaesvang replied, sounding surprised by the random question.
Smith didn’t back down explaining that Obama’s statements had “troubled a number of people who have read it as somehow a challenge to the federal courts or their authority or the concept of judicial review, and that’s not a small matter.” He also referred to the law in question as “Obamacare,” an informal reference that has been politically charged.
Kaersvang again reiterated the administration’s deference to judicial review, but Smith was not satisfied, moving to demand an annotated explanation 48 hours from now.
Neither spokesmen for the White House nor Department of Justice would comment on the matter.
Speaking at an Associated Press luncheon today, Obama appeared to try and clarify his position, arguing that it’s been decades since the Supreme Court struck down a law on an economic issue, such as health care.
“The point I was making is that the Supreme Court is the final say on our Constitution and our laws, and all of us have to respect it,” he said, “but it’s precisely because of that extraordinary power that the Court has traditionally exercised significant restraint and deference to our duly elected legislature, our Congress.”
You can listen to full audio of the exchange HERE:
http://news.yahoo.com/federal-judge-demands-obama-explain-obamacare-statements-000508798--abc-news-politics.html
By Devin Dwyer | ABC OTUS News
(Pablo Martinez Monsivais/AP Photo)
In a remarkable, partisan exchange in a Texas courtroom Tuesday, a federal judge demanded that the Obama administration formally explain recent statements by President Obama that some have construed as questioning the authority of courts to review, and potentially strike down, his signature health care law.
Judge Jerry Smith of the 5th Circuit U.S. Court of Appeals, a Reagan appointee, issued the order during oral arguments in a case challenging the Affordable Care Act's restrictions on physician-owned hospitals.
"I would like to have from you by noon on Thursday… a letter stating what is the position of the Attorney General in the Department of Justice in regard to the recent statements by the President - stating specifically, and in detailed reference to those statements, what the authority is in the federal courts in this regard in terms of judicial review," Smith told a government lawyer in a recording of the hearing released by the court.
"The letter needs to be at least three pages, single-spaced and it needs to be specific," he added.
Smith was responding to statements Obama made Monday at a Rose Garden press conference, when he said in response to a question that it would be "an unprecedented and extraordinary step" if the Supreme Court overturned a law that was passed by "a democratically elected Congress."
"I would 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 - and passed law," Obama said. "Well, there's a good example, and I'm pretty confident that this court will recognize that and not take that step."Obama's argument clearly unsettled Smith, who just moments into the presentation by DOJ lawyer Dana Lydia Kaesvang interrupted to voice his displeasure.
"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?" he said.
"Yes, your honor. Of course there would need to be a severability analysis, but yes," Kaesvang replied, sounding surprised by the random question.Smith didn't back down explaining that Obama's statements had "troubled a number of people who have read it as somehow a challenge to the federal courts or their authority or the concept of judicial review, and that's not a small matter." He also referred to the law in question as "Obamacare," an informal reference that has been politically charged.
Kaersvang again reiterated the administration's deference to judicial review, but Smith was not satisfied, moving to demand an annotated explanation 48 hours from now.
Neither spokesmen for the White House nor Department of Justice would comment on the matter.
Speaking at an Associated Press luncheon today, Obama appeared to try and clarify his position, arguing that it's been decades since the Supreme Court struck down a law on an economic issue, such as health care."The point I was making is that the Supreme Court is the final say on our Constitution and our laws, and all of us have to respect it," he said, "but it's precisely because of that extraordinary power that the Court has traditionally exercised significant restraint and deference to our duly elected legislature, our Congress."
You can listen to full audio of the exchange HERE. It begins at 18:01 into the recording.
ABC News' Jason Ryan contributed to this report.
Also Readhttp://news.yahoo.com/judge-upset-obamas-comments-health-care-law-010429840.html
By | Associated Press
HOUSTON (AP) — A federal appeals court judge on Tuesday seemed to take offense to comments President Barack Obama made earlier this week in which he warned that if the Supreme Court overturned his signature health care overhaul it would amount to overreach by an "unelected" court.
The Supreme Court is set to issue a ruling later this year on whether to strike down some or all of the historic health care law.
During oral arguments in Houston in a separate challenge to another aspect of the federal health care law, U.S. 5th Circuit Court of Appeals Judge Jerry Smith said Obama's comments troubled a number of people who have read them as a challenge to the authority of federal courts.
"I'm referring to statements by the president in the past few days to the effect, I'm sure you've heard about them, that it is somehow inappropriate for what he termed unelected judges to strike acts of Congress that have enjoyed, he was referring of course to Obamacare, to what he termed a broad consensus and majorities in both houses of Congress," Smith told Dana Kaersvang, an attorney with the Justice Department in Washington, D.C.
On Monday, Obama issued a direct challenge to the Supreme Court, saying he didn't believe the high court would take the "unprecedented" step of overturning a law passed by a strong majority of Congress."I want to be sure that you are telling us that the Attorney General and the Department of Justice do recognize the authority of the federal courts through unelected judges to strike acts of Congress or portions thereof in appropriate cases," Smith said.
A somewhat surprised Kaersvang told Smith the Justice Department does recognize this power by the courts and made reference to a landmark 1803 case that formed the basis for judicial review.
However, Smith ordered Kaersvang to submit a letter to the appeals court by Thursday stating the position of U.S. Attorney General Eric Holder and the Justice Department on the concept of judicial review.
"The letter needs to be at least three pages, single spaced, no less and it needs to be specific. It needs to make specific reference to the president's statements," Smith said.
The case before the appeals court was brought in part by a spine and joint hospital in East Texas that is challenging the constitutionality of a portion of the health care law that restricts physician-owned hospitals from expanding or building new facilities.
The Justice Department did not immediately return a telephone call late Tuesday seeking comment.
White House officials had no comment on Smith's statements, instead referring to comments Obama made earlier Tuesday at the annual meeting of The Associated Press in Washington.
At the meeting, Obama said the Supreme Court "is the final say on our Constitution and our laws, and all of us have to respect it. ... I have enormous confidence that in looking at this law, not only is it constitutional, but that the Court is going to exercise its jurisprudence carefully because of the profound power that our Supreme Court has."
___
Associated Press writer Will Lester in Washington, D.C., contributed to this report.
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