April 4, 2012

Wednesday Off-Topic (Moderated) Open Thread (040412)

Filed under: Lucid Links — Tom @ 7:15 am

Rules are here. Possible comment fodder follows. Other topics are also fair game.


Wow (HTs to Family Security Matters and BigGovernment; headline is BigGov’s, text is CBS News):

It’s On: 5th Circuit Dares Obama to Deny Power of Judicial Review

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. Mr. Obama all but threw down the gauntlet with the justices, saying he was “confident” the Court would not “take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.”

Overturning a law of course would not be unprecedented — since the Supreme Court since 1803 has asserted the power to strike down laws it interprets as unconstitutional. The three-judge appellate court appears to be asking the administration to admit that basic premise — despite the president’s remarks that implied the contrary. The panel ordered the Justice Department to submit a three-page, single-spaced letter by noon Thursday addressing whether the Executive Branch believes courts have such power, the lawyer said.

In my view, there is missing constitutional logic in this: Once the Court “strikes down” a law, Congress, assuming it agrees or acquiesces, is supposed to formally follow through on the Court’s opinion and actually repeal it. I believe I’m correct when I say that this rarely happens. If Congress doesn’t go through the process, the law in question is still on the books, because the legislature, which is the only body constitutionally able to make law (or formally repeal it), hasn’t removed it.

Also: If Congress doesn’t want to follow through with the repeal, either because it disagrees with the decision or is just plain lazy, it doesn’t have to. And if it doesn’t, exactly what can the Court do about it? “Judicial review” is not the same as “automatic judicial approval or nullification.”

A link to audio of the exchange is here (“Physician Hospitals of America, et al v. Kathleen”); the judicial review discussion begins at the 18:00 mark (“Let me ask you something a little more basic …”) and goes for about three minutes.


At NewsBusters: “NBC’s Lauer: With Economy Recovering, Why Should Voters Take ‘Chance’ on New President?”

Well Matt:

  • This is “The Worst Economic Recovery in History.” Why would voters want to continue that for another four years?
  • Additionally, at the same link — “… we have never really recovered from the recession. The economy has not even returned to its long-term growth rate and is certainly not making up for lost ground.” Why should voters endure another four years of “not making up for lost ground”?


Illegal and untraceable Obama campaign contributions to the Obama campaign, first exposed by Pamela Geller at Atlas Shrugs in 2008 (two of her key posts are here and here) and chronicled at this PJ Media column by yours truly just before that year’s election, are back and just as brazen (here, here, here, here, and here).

The Obama campaign has no integrity, no shame, and apparently no concern about being widely exposed, betting (probably correctly) that the establishment press will likely ignore it.


Via Matt Sheffield at NewsBusters: “AP President Dean Singleton Slobbers Over Obama in Gushing Speech.” Excerpts from the middle and final parts of Singleton’s introduction:

As President, he inherited the headwinds of the worst economic recession since the Great Depression. He pushed through Congress the biggest economic recovery plan in history and led a government reorganization of two of the big three auto manufacturers to save them from oblivion. He pursued domestic and foreign policy agendas that were controversial to many, highlighted by his signature into law of the most comprehensive health care legislation in history.

We’re very honored today to have the man currently holding the office and aspiring for it for another term. And, with apologies to Al Green, my new favorite singer. Ladies and gentlemen, the President of the United States of America.

Singleton supposed runs a news organization which has the following to say about “expressions of opinion”:

Anyone who works for the AP must be mindful that opinions they express may damage the AP’s reputation as an unbiased source of news. They must refrain from declaring their views on contentious public issues in any public forum, whether in Web logs, chat rooms, letters to the editor, petitions, bumper stickers or lapel buttons, and must not take part in demonstrations in support of causes or movements.

Those words clearly mean nothing to Dean Singleton.

Is there anyone left who can credibly object to my characterization of AP as the Administration’s Press or the Administration’s Propagandists?

Things are getting more Orwellian with each passing day.


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