Audio: Judge pushes back against Obama

Below, Fifth Circuit Court Judge Jerry Smith's rebuke of President Obama and reactions from Charles Krauthammer and company to Obama's attempt to bully the Supreme Court:


CBS News:

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."

The 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."

"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?"

Smith made his intentions clear minutes after the DOJ attorney began her argument, jumping in to ask: "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?"

Kaersvang replies yes, and Smith continues: "I'm referring to statements by the president in past few days to the effect, and 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 to, of course, Obamacare -- to what he termed broad consensus in majorities in both houses of Congress."

In asking for the letter, Smith said: "I want to be sure you're 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."

Full story here.

For what it's worth, at least one liberal is finding Obama's attacks "unsettling."

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Michael Walsh:

“In the escalating battle…” Even making allowances for normal journalistic hyperbole, this is a remarkable admission that something is seriously amiss in our politics; it’s like we’re suddenly living back in 1937. The president of the United States is actively waging a war of words against the federal judiciary in general and the Supreme Court in particular. And, right on cue, comes a horde of lefties suddenly concerned about “unelected” justices, whether Marbury v. Madison was properly decided back in 1803, and whether it’s not time to revisit it in the interest of, you know, “social justice.” You don’t have to be a Weatherman to know which way the wind blows — especially when the hot air is emanating from the White House. Good for the 5th Circuit to call them on it.

Read the rest. Mr. Walsh doesn't believe this will end well for Obama, but has some important advice for his challenger:

Of course, that assumes the GOP candidate can move past the “he’s in over his head” bromides and directly engage the great battle — the Cold Civil War — of our times. Obama’s never had to take a real punch, never had his core assumptions challenged, never been forced to defend his governing philosophy — which is why he reacts so petulantly when crossed. He’s got a glass jaw, which is something increasingly evident to the public; let’s hope it is to the candidate as well.

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Former student of Prof. Obama is embarrassed:

Imagine if you picked up your morning paper to read that one of your astronomy professors had publicly questioned whether the earth, in fact, revolves around the sun. Or suppose that one of your economics professors was quoted as saying that consumers would purchase more gasoline if the price would simply rise. Or maybe your high school math teacher was publicly insisting that 2 + 2 = 5. You’d be a little embarrassed, right? You’d worry that your colleagues and friends might begin to question your astronomical, economic, or mathematical literacy.

Now you know how I felt this morning when I read in the Wall Street Journal that my own constitutional law professor had stated that it would be “an unprecedented, extraordinary step” for the Supreme Court to “overturn[] a law [i.e., the Affordable Care Act] that was passed by a strong majority of a democratically elected Congress.” Putting aside the “strong majority” nonsense (the deeply unpopular Affordable Care Act got through the Senate with the minimum number of votes needed to survive a filibuster and passed 219-212 in the House), saying that it would be “unprecedented” and “extraordinary” for the Supreme Court to strike down a law that violates the Constitution is like saying that Kansas City is the capital of Kansas. Thus, a Wall Street Journal editorial queried this about the President who “famously taught constitutional law at the University of Chicago”: “[D]id he somehow not teach the historic case of Marbury v. Madison?”

I actually know the answer to that question. It’s no (well, technically yes…he didn’t).

Read the rest.

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