Doubling down on stupid: Holder flips the bird to the 5th Circuit Court of Appeals


When you read Holder’s response, the complete contempt and lack of respect toward judicial authority is so brazen that I was reminded of a football coach who once told a player I knew “Either you have a lot of balls, or you’re stupid!”  A couple of key excerpts:

The question posed by the Court regarding judicial review does not concern any argument made in the government’s brief or at oral argument in this case, and this letter should not be regarded as a supplemental brief.

Telling a judge how to do his job Attorney General Holder?  Very persuasive!

 In considering such challenges, Acts of Congress are “presumptively constitutional,” Turner Broadcasting System, Inc. v. FCC, 507 U.S. 1301, 1301 (1993), and the Supreme Com1 has stressed that the presumption of constitutionality accorded to Acts of Congress is “strong.”…..

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.

Wow!  You can’t help but laugh at the tone of this response from the Attorney General.  This is exactly why I believe the founders created the judiciary branch.  To act as a check and balance against an arrogant executive and legislative branch that creates unconstitutional laws by throwing them into the Constitutional crucible of scrutiny that comes by judicial review.

It is interesting to speculate what is causing Obama and the White House administration to engage in intimidation tactics that we see in union leadership and Chicago politics.  Either somehow they know that the hammer is about to be dropped on Obamacare or at a minimum, they are extremely worried about it.  Observing the momentum of the three days of Supreme Court arguments, the direction was all one way and it wasn’t the direction that Obama wanted.  Any casual observer could see this.  The Supreme Court, even justices Ginsburg and Breyer, seemed to be resigned to the fact that the individual mandate is gone and the discussion turned to what parts of the law might be saved.  If Obama was confident that the law would be upheld as he stated, he wouldn’t have launched his pre-meditated and unprecented attack on the Supreme Court.  The mainstream media has followed in lockstep with Obama’s public attack.   Whipping the Supreme Court in public like congressional leaders do on Capitol Hill to cobble votes into a majority just isn’t smart.   I don’t see the point of this attack other than 1.) They are trying to manipulate public opinion (a strong majority want Obamacare thrown out mind you) in a toxic manner against the Court.  2) They are trying to dilute the potential political damage that this will do to President Obama and his re-election chances if the hammer comes down.

I have no idea how the Court will rule.  Looking at how the arguments went I was very encouraged but you can only read so much into those.   I really do hope that the Court deals a heavy-handed blow to the White House’s arrogant defiance.

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