Eric Holder's three page, single-spaced report on whether the Obama Administration believes the judiciary has the authority to overturn Federal legislation is due to the 5th Circuit court by noon today. Will the dog eat his homework?
A lot of people are anxious to see what his staff writes for him, because you can bet those words will be quoted again when the Obamacare ruling finally comes out.
UPDATE: You can read the letter here. Basically the DOJ admits that Obama spoke stupidly, but it also tries to lobby the court once again to let Congress do pretty much whatever it wants when it comes to the economy.
Thursday, April 05, 2012
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“We have not seen a court overturn a law that was passed by Congress on a economic issue, like health care, that I think most people would clearly consider commerce - a law like that has not been overturned at least since Lochner. Right?” -President Obama
Cases cited by Attorney General in response to Judge Jerry E. Smith:
Physician Hospitals of America v. Sebelius
Free Enterprise Fund v. Public Co. Accounting Oversight Bd.
F.C.C. v. Beach Communications, Inc.
Marbury v. Madison
DiamlerChrysler corp. v. Cuno
Weinberger v. Salfi
Turner Broadcasting System, Inc. v. F.C.C.
United States v. Five Gambling Devices Labeled in Part "Mills," and Bearing Serial Nos. 593-221
Gonzales v. Raich
Salazar v. Buono
Nature's Dairy. v. Glickman
State University of New York v. Anderson
United Food and Commercial Workers Union Local 751 v. Brown Group
Ayotte v. Planned Parenthood of Northern New Eng.
Regan v. Time, Inc.
Rostker v. Goldberg
Columbia Broadcasting System, Inc. v. Democratic National Committee
NLRB v. Jones & Laughlin Steel Corp.
McCulloch v. Maryland
Thomas More Law Center v. Obama
Seven Sky v. Holder
“The President's remarks were fully consistent with the principles described herein.” -Attorney General Holder
How can Holder claim any consistancy when he didn't even mention the only case the President used to make his argument?
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