This is beyond bizarre. A three-judge panel of the 5th Circuit Court is hearing a challenge to Obamacare, but when a Justice Department lawyer began arguments this morning she was stopped short:
Appeals Court Judge Jerry Smith immediately interrupted, asking if DOJ agreed that the judiciary could strike down an unconstitutional law. The 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.Smith then became "very stern," the source said, telling the lawyers arguing the case it was not clear to "many of us" whether the president believes such a right exists....Smith, a Reagan appointee, went on to say that comments from the president and others in the Executive Branch indicate they believe judges don't have the power to review laws and strike those that are unconstitutional, specifically referencing Mr. Obama's comments yesterday about judges being an "unelected group of people."
Despite the fact that Kaersvang immediately acknowledged that courts can indeed strike down laws, the panel ordered her to "submit a three-page, single-spaced letter by noon Thursday addressing whether the Executive Branch believes courts have such power."
To recap, a federal judge is handing out a book report on judicial overreach and why overturning Congress and the President happens all the damn time apparently in order to put "that one" in his place in a petty display of tyranny on the bench. Because Jerry Smith here will be damned if that uppity sumbitch is gonna run his mouth on his watch.
And yes, at this point we have Federal Appeals Court Judges acting like GOP House backbenchers.
We are so screwed if these guys get back in power. They will goddamn go to war with us.
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