Wednesday, April 4, 2012


"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."

"[The president's statement] has troubled a number of people who have read it as somehow a challenge to the federal courts or to their authority to the appropriateness of the concept of judicial review. So I want to be sure that you're telling us 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."

"The letter [which the Justice Department must submit to the court by noon on Thursday, April 5th] 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."

(U.S. Circuit Court Judge Jerry Smith, addressing U.S. Justice Department lawyer Dana Lydia Kaersvang during oral arguments yesterday in Houston. The appeals court is reviewing a provision of the "Affordable Care Act" that blocks federal medical payments to certain hospitals. Judge Smith was appointed by Pres. Ronald Reagan.)