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Campus Question – April 4, 2012

April 4, 2012

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Campus Question – April 4, 2012

Tonight’s question, greetings, and social banter here. (More)

Tonight’s Campus Question
 
Yesterday President Obama clarified his remark that overturning the Affordable Care Act would be “unprecedented,” saying the Supreme Court has not overturned a law regulating commerce since the New Deal era. Still, Fifth Circuit Judge Jerry Smith replied by demanding a “three-page, single-spaced letter” from Attorney General Eric Holder on whether federal courts had the authority to overturn acts of Congress, despite the fact that a DOJ lawyer agreed in oral argument that the courts have such authority. Do political tantrums undermine the legitimacy of our federal courts?
 

5 Responses to “Campus Question – April 4, 2012”

  1. NCrissieB Says:

    Today on Campus

    Morning Feature – Winning Progressive with Death, Dignity, and David Brooks
    Furthermore! – The Squirrel with Picking Teams on a Tragedy
    Midday Matinee – addisnana with Combat Paper
    Our EarthMind-Machine Interface?

  2. NCrissieB Says:

    The DOJ lawyer answered the question asked, in court, citing the landmark Marbury v. Madison that established the principle of judicial review. The demand for a “single-spaced, three page letter” – which as Steve Benen notes is more like a freshman writing assignment than a sincere request for clarification on a legal issue – is designed to embarrass President Obama by making him admit that the Supreme Court has the legitimate authority to overturn the Affordable Care Act. No one doubts that the Supreme Court has that authority.

    The question is whether that would be a wise decision, or the very “judicial activism” conservatives claim to deplore. There’s a reason no Court since the New Deal has overturned regulations of commerce. The Supreme Court is not a third legislative branch. The Court is limited to overturning laws that violate the Constitution, and the ACA violates the Constitution only in the minds of Tenthers who insist that acts of Congress must be limited to explicitly enumerated matters.

  3. addisnana Says:

    I thought the judge sounded a bit petty and ridiculous specifying the numbers of pages and the spacing etc. I did a little web surfing. The right wing has a new hero and the left wing a new villain. I don’t see Judge Smith as a villain but more like a toddler having a temper tantrum. He doesn’t strike me as impartial or having a judicial temperament.

  4. Gardener Says:

    What undermines the legitimacy of our courts are decisions like Bush v Gore.

    Oh, and jurists like Clarence “Is That A Pubic Hair On Your Coke Can” Thomas.

  5. Gardener Says:

    Social Banter Dept.: Heavy Metal Girl and I rescued a 2 year old female Lab mix, named “Laya,” from the county Animal control today. Whip-smart, sits, walks on a leash, plays fetch, but very bouncy and appears to be a cat chaser. Hopefully chase is all she’ll do…..

    I have to admit that I wasn’t dealing at all well with the loss of our old dog…….

    I told HMG that we could easily morph her name into “Layla,” then there’s be that cool Eric Clapton song to think of……. :smile: