from Lawrence Tribe:
we have recently witnessed a shocking misuse of power in relation to these events. But it came from the judiciary rather than the president. Judge Jerry Smith of the 5th Circuit responded to the president's comments by ordering the Department of Justice to submit a three-page, single-spaced memo stating the administration's position on judicial authority to invalidate unconstitutional laws. Attorney General Eric Holder filed thatÂ memoThursday, reiterating the plain import of the president's remarks and stating that "the power of the courts to review the constitutionality of legislation is beyond dispute."
Smith's gratuitous order is little more than a thinly concealed insult to the president, the Justice Department and the administration. It constitutes a shocking departure from norms of judicial behavior. While such partisan bickering might be expected from theÂ minority leader of the Senate or from commentators likeÂ Rush Limbaugh, who drew upon Obama's remarks in yet another entry in their relentless attacks on the president, it is hardly to be expected of a federal judge.
Agreed. Â What was Smith's point? Answer: he did not have one, it was mere partisan grandstanding. At no point did the current President threaten the SCOTUS with any consequences if they were to vote against him on the health reform law.
Hey Smith- if Obama ever decides to send jackbooted thugs to beat up a Judge, you'll be the first to know. If he intended to do that, do you think a three page memo would stand in his way? But it's not going to happen- because unlike FDR, Obama DOES believe that the federal judiciary has the power of judicial review free from interference from the executive branch.
Judge Jerry Smith, you suck. Holder should have told you to go fill-in-the-blank yourself. Let the Supreme Court take care of themselves, fool. They don't need any help from you.