Update: 17:00: Click here for Eric Holder’s response.
Holder starts out with this –
The longstanding, historical position of the United States regarding judicial review of the constitutionality of federal legislation has not changed and was accurately stated by counsel for the government at oral argument in this case a few days ago. The Department has not in this litigation, nor in any other litigation of which I am aware, ever asked this or any other Court to reconsider or limit long-established precedent concerning judicial review of the constitutionality of federal legislation.
That statement is followed by condescending references to the Constitution and court cases that are obvious to the judges of the 5th Circuit.
Then there are several “subtle” reminders –
In light of the presumption of constitutionality, it falls to the party seeking to overturn a federal law to show that it is clearly unconstitutional. See, e.g., Salazar v. Buono, 130 S. Ct. 1803, 1820
Holder is sticking with the story that the overturning of Obamacare would be “unprecedented,” illogical though that is.
I think Kagan and Sotomayor called the President and told him that the bill is going down.
In his letter, Holder continued to cite more cases which he believes require the Supreme Court to exercise extraordinary restraint in overturning any legislative anything. He referred to the Commerce Clause which he obviously believes gives the government unlimited power.
He then ends with this –
The President’s remarks were fully consistent with the principles described herein.
In conclusion, the President makes absurd remarks and Holder backs them up with a little less hyperbole. We are supposed to pretend that everything President Obama said was quite normal and unthreatening. The media goes along with this narrative and we must as well.
Surely, if we don’t go along with the charade, we are racists or fools.
Obama was against the individual mandate before he was for it. He didn’t want the mandate because then the American people could be made to buy anything by the government. (No, I’m not kidding, listen for yourself).
Original Story: 1400: Obama’s speech on Monday, which was aimed at bullying the Supreme Court Justices if they dared vote against Obamacare, caused great concern among the three-judge panel of the 5th Circuit. They demanded that Holder submit a statement as to whether or not the DOJ believed the Supreme Court had the right to declare a law unconstitutional. They also outlined the format which the left is making hay out of.
Perhaps if the Obama administration didn’t bully the SCOTUS on Monday, and again onTuesday, it would not have come to this.
Finally, someone has called this administration out for choosing the laws they will obey and the ones they won’t. I applaud the 5th Circuit.
Eric Holder’s DOJ filed the report with the 5th circuit today.
“The power of the courts to review the constitutionality of legislation is beyond dispute,” said the letter, signed by Attorney General Eric Holder.
To paraphrase, he said no one said otherwise and of course Obama said nothing wrong.
Yesterday, in defense of Obama’s statements, Holder said –
“I think that you know what the president said a couple of days ago was appropriate,” said Holder, speaking at a health care fraud prevention event in Chicago. “I don’t think he broke any new ground in the comments that he made.”
The Obama administration does not respect the Supreme Court. They are getting ready to wage war against them if they find Obamacare unconstitutional.
Read here: CNN