#rsrh 5th [Circuit*] Appeals Court spanks President Obama.

You know, at some point even Barack Obama is going to figure out that it’s not 2008 anymore; he’s President, not a campaigner that can say anything he likes in order to get elected; and that more or more people are willing to publicly lambast President Obama when he gets up in their business.

Case in point:

In the escalating battle between the administration and the judiciary, a federal appeals court apparently is calling the president’s bluff — ordering the Justice Department to answer by Thursday whether the Obama Administration believes that the courts have the right to strike down a federal law, according to a lawyer who was in the courtroom.

The order, by a three-judge panel of the U.S. Court of Appeals for the 5th Circuit, appears to be in direct response to the president’s comments yesterday about the Supreme Court’s review of the health care law.

No.  Really.  Do tell.

A couple of notes on this:

  • I’m sure that CBS was trying to call the courts’ judgement into question by mentioning that Judge Jerry Smith (the judge that is making the Department of Justice submit by noon Thursday a three page, single-spaced letter explaining the administration’s position on judicial review) is a Reagan appointee, and that the other two judges are Republican appointees.  …That’s right, folks: we appoint the judges who support the concept of judicial review!  Thanks, CBS!
  • It’s really amazing just how self-inflicted this self-inflicted wound is, huh?  I mean, if President Obama had only kept his mouth shut then none of this would have gone down.  Instead, his supporters are now trying to find a way to spin this load of gunk so that it no longer appears that the only people looking dumber than this administration are its cheerleaders.
  • Speaking of cheerleaders… Ruth Marcus wants to get off of this ongoing train wreck.  If that doesn’t set off alarms in the White House, nothing will.
  • Lastly: (liberal) people, (liberal) people, (liberal) people.  Get it through your heads that Bush v. Gore did not steal the election for the former.  Seriously, did 2004 teach those people nothing?

That’s mostly it – unless the Left does something stupid, like try to get the administration to push back on this pushback.  But I can’t count on that happening; while God loves me just fine I don’t think that I’ve done Him enough favors lately to really justify Him setting up an hugely entertaining – and one-sided – fight between an independent, lifetime judiciary and a mayfly executive for me.  Which is fine, really.  I figure that getting to be born an American citizen is in itself one heck of a favor…

Moe Lane

*[Got pointed out to me in comments that I used the wrong term.  Well if Jove can nod, then so can Moe.]


  • HeartbreakRidge says:

    Psst: that’s 5th CIRCUIT. Federal appeals courts are always Circuits. District courts are the trial level.

  • acat says:

    Umm, Moe? Shouldn’t that Bush v. Gore have had a link to one of the FL recounts? You know, the ones that consistently showed Bush won?


  • Brian Swisher says:

    Mr. Obama’s comments make me this of this…

  • Jeff A says:

    One thing that judges really do not like is when someone tells them they cannot do something or that they have to do something. Judges believe they have the power to do anything they like, and do not like being told otherwise. The president’s statements may have done himself more harm than good with the Supreme Court.

  • K M Scane says:

    Correct me if I am wrong but wasn’t Barry just a Law Lecturer, not a Law Professor? Answers, hopefully with a source/link or two would be real providencial.

    Who’s got the goods….

  • Skip says:

    Of course the folks harping on Bush v. Gore do have a point – sure, the newspaper-run recount showed that Bush won anyways, but does anyone seriously doubt that the Democrats will ever, anywhere, lose an election within the margin of fraud in places where they count the votes?

  • countrydoc says:

    Well Newsweek/DB had an op-ed yesterday stating that the conservative SCOTUS justices should be impeached if OCare is overturned. So, at least liberals are consistent in their stupidity.

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