Skip to content

Holder delivers three-page letter to judge over Obama comments

Judge had asked for confirmation that the Obama administration understands judicial review after comments on healthcare law

The US attorney general, Eric Holder, has bowed to a federal judge’s demand that the Obama administration formally acknowledge the right of courts to strike down unconstitutional laws following the president’s admonishing of the “unelected” supreme court over as it considers his healthcare reforms.

Judge Jerry Smith, who is hearing a healthcare case at a court in Houston, demanded the justice department write “a three-page letter” affirming the supremacy of the courts in deciding the constitutionality of legislation after Barack Obama said on Monday it would be an “unprecedented, extraordinary step” for “an unelected group of people” on the supreme court to overturn the healthcare law “passed by a strong majority of a democratically elected Congress”.

Holder, in a letter to Smith on Thursday that ran to two-and-a-half pages, said the administration is not challenging the authority of the courts.

“The longstanding, historical position of the United States regarding judicial review of the constitutionality of federal legislation has not changed,” the letter said. “The power of the courts to review the constitutionality of legislation is beyond dispute.”

But the US attorney general defended Obama’s observation that the Supreme Court has traditionally acknowledged the import of respecting the will of the elected legislature.

“While duly recognizing the court’s authority to engage in judicial review, the Executive Branch has often urged courts to respect the legislative judgement of Congress,” said Holder. “The Supreme Court has often acknowledged the appropriateness of reliance on the political branch’s policy choices and judgements.”

Obama’s comments prompted a torrent of criticism from the right.Republican leaders accused the president of attempting to “browbeat” and “intimidate” conservative supreme court justices whose questioning of the constitutionality of a requirement for almost all Americans to have healthcare suggested they may strike down the law.

Smith told administration lawyers appearing to defend the legislation in a case separate from the supreme court challenge that he was concerned by the president’s comment about “unelected judges” overturning the will of Congress.

“That has troubled a number of people who have read it as somehow a challenge to the federal courts, or to their authority, or to the appropriateness of the concept of judicial review. And that’s not a small matter,” said Smith. “So I want to be sure that you’re telling us that the attorney general and the department of justice do recognise the authority of the federal courts through unelected judges to strike acts of Congress or portions thereof in appropriate cases.”

Smith and two other judges sitting with him then said they wanted a response by noon on Thursday.

“The letter needs to be at least three pages, single-spaced, no less, and it needs to be specific,” said Smith.

Holder responded shortly before the deadline with a letter half a page short of the judge’s demand. It said that the justice 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.”

Holder went on to address Obama’s comments directly. “The President’s remarks were fully consistent with the principles described herein,” he said in the letter.

The Republican leader in the Senate, Mitch McConnell, earlier this week denounced the president’s comments as an attempt to intimidate the Supreme Court.

“The president, more than anyone else, has an obligation to uphold the legitimacy of our judicial system,” he said. “But his remarks on the court reflect not only an attempt to influence the outcome, but a preview of Democrat attacks to come if they don’t get their way.”

Obama sought to defuse the row by saying that while he respects the fact that the supreme court has the final say on the constitution and the law “it’s precisely because of that extraordinary power that the court has traditionally exercised significant restraint and deference to our duly elected legislature, our Congress”.

“The burden is on those who would overturn a law like this,” the president said.

The White House maintained that the president was merely articulating a long established view of the position of the court in considering the validity of legislation passed by Congress.

The Supreme Court is expected to rule on the health law in June. Guardian News and Media 2012

Related Posts with Thumbnails

Posted in Politics.

Tagged with , , , , , , .

Support #altnews & keep Dark Politricks alive

Remember I told you over 5 years ago that they would be trying to shut down sites and YouTube channels that are not promoting the "Official" view. Well it's happening big time. Peoples Channels get no money from YouTube any more and Google is being fishy with their AdSense giving money for some clicks but not others. The time is here, it's not "Obama's Internet Cut Off Switch" it's "Trumps Sell Everyones Internet Dirty Laundry Garage Sale".

It's not just Google/YouTube defunding altenative chanels (mine was shut), but Facebook is also removing content, shutting pages, profiles and groups and removing funds from #altnews that way as well. I was recently kicked off FB and had a page "unpublished" with no reason given. If you don't know already all Facebooks Private Messages and Secret Groups are still analysed and checked for words related to drugs, sex, war etc against their own TOS. Personally IU know there are undercover Irish police moving from group to group cloning peoples accounts and getting people booted. Worse than that I know people in court at the moment for the content they had on their secret private group. Use Telegrams secret chat mode to chat on, or if you prefer Wickr. Or if you need to, buy a dumb phone with nothing for the NSA to hack into if you are that paranoid. Ensure it has no GPS tracking on it and the battery can be removed. These are usually built for old people to get used to technology storing only a set of numbers to call. However they have no games, applications to install and other ways people can exploit the computer tracking device you carry round with you most of the day.

So if your not supporting this site already which brings you news from the Left to the Right (really the same war mongering bollox) then I could REALLY do with some..

Even if it's just £5 or tick the monthly subscription box and throw a few pound my way each month, it will be much appreciated. Read on to find out why.


Any support to keep this site would be appreciated. You could set up a monthly subscription for £2 like some people do or you could pay a one off donation as a gift.
I am not asking you to pay me for other people's articles, this is a clearing house as well as place to put my own views out into the world. I am asking for help to write more articles like my recent false flag gas attack to get WWIII started in Syria, and Trump away from Putin. Hopefully a few missiles won't mean a WikiLeaks release of that infamous video Trump apparently made in a Russian bedroom with Prostitutes. Also please note that this article was written just an hour after the papers came out, and I always come back and update them.

If you want to read JUST my own articles then use the top menu I have written hundreds of articles for this site and I host numerous amounts of material that has seen me the victim of hacks, DOS plus I have been kicked off multiple hosting companies, free blogging sites, and I have even had threats to cease and desist from the US armed forces. Therefore I have to pay for my own server which is NOT cheap. The more people who read these article on this site the more it costs me so some support would be much appreciated.

I have backups of removed reports shown, then taken down after pressure, that show collusion between nations and the media. I have the full redacted 28/29 pages from the 9.11 commission on the site which seems to have been forgotten about as we help Saudi Arabia bomb Yemeni kids hiding in the rubble with white phosphorus, an illegal weaapon. One that the Israeli's even used when they bombed the UN compound in Gaza during Operation Cast Lead. We complain about Syrian troops (US Controlled ISIS) using chemical weapons to kill "beautiful babies". I suppose all those babies we kill in Iraq, Yemen, Somalia and Syria are just not beautiful enough for Trumps beautiful baby ratio. Plus we kill about 100 times as many as ISIS or the Syrian army have managed by a factor of about 1000 to 1.

I also have a backup of the FOX News series that looked into Israeli connections to 9.11. Obviously FOX removed that as soon as AIPAC, ADL and the rest of the Hasbra brigade protested.

I also have a copy of the the original Liberal Democrats Freedom Bill which was quickly and quietly removed from their site once they enacted and replaced with some watered down rubbish instead once they got into power. No change to police tactics, protesting or our unfair extradition treaty with the USA but we did get a stop to being clamped on private land instead of the mny great ideas in the original.

So ANY support to keep this site running would be much appreciated! I don't have much money after leaving my job and it is a choice between shutting the server or selling the domain or paying a lot of money just so I can show this material.

Material like the FSB Bombings that put Putin in power or the Google no 1 spot when you search for protecting yourself from UK Police with "how to give a no comment interview". If you see any adverts that interest you then please visit them as it helps me without you even needing to give me any money. A few clicks per visit is all it takes to help keep the servers running and tag any tweets with alternative news from the mainstream with the #altnews hashtag I created to keep it alive!

However if you don't want to use the very obvious and cost free ways (to you) to help the site and keep me writing for it then please consider making a small donation. Especially if you have a few quid sitting in your PayPal account doing nothing useful. Why not do a monthly subscription for less money instead. Will you really notice £5 a month?

0 Responses

Stay in touch with the conversation, subscribe to the RSS feed for comments on this post.

Some HTML is OK

or, reply to this post via trackback.