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Thread: Appeals Court Fires Back At Obama's Comments

  1. #61
    Politically Correct

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    Re: Appeals Court Fires Back At Obama's Comments

    Quote Originally Posted by DarkWizard12 View Post
    And that would be legally stupid. Just write 1 word on 3 different sheets of paper. There, "3 pages", and smile, smile, smile. Hey, law works off technicality, right?
    I'm just telling you as a person who has been through law school and worked for a federal judge, that is what that requirement means. I think you are the one being overly technical here. Holder complied with what was requested of him. And given that the judge had no place asking for a brief in the first place on this issue, I think he was accommodating in what he did write.

    You are making a pretty petty point.
    Last edited by Cameron; 04-06-12 at 12:13 PM.
    (avatar by Thomas Nast)

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    Re: Appeals Court Fires Back At Obama's Comments

    Quote Originally Posted by Krhazy View Post
    I'm just telling you as a person who has been through law school and worked for a federal judge, that is what that requirement means. I think you are the one being overly technical here. Holder complied with what was requested of him. And given that the judge had no place asking for a brief in the first place on this issue, I think he was accommodating in what he did write.

    You are making a pretty petty point.
    what causes you to say the judge had no place to insist on the DOJ brief
    we are negotiating about dividing a pizza and in the meantime israel is eating it
    once you're over the hill you begin to pick up speed

  3. #63
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    Re: Appeals Court Fires Back At Obama's Comments

    Quote Originally Posted by justabubba View Post
    what causes you to say the judge had no place to insist on the DOJ brief
    It wasn't an issue that had been raised in the case being heard.
    (avatar by Thomas Nast)

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    Re: Appeals Court Fires Back At Obama's Comments

    Quote Originally Posted by Krhazy View Post
    It wasn't an issue that had been raised in the case being heard.
    but it certainly had bearing in that case
    it involved the challenge to expanded restrictions on physician-owned hospitals, which restrictions were found in the Obamacare (ACA) law
    was it unusual for the court to respond to statements not in the record before it? absolutely. but President Obama could be viewed as undermining the court's authority by his statements that it would be “unprecedented” and an example of “judicial activism” by “an unelected group of people” for the court to find the mandate provision of Obamacare (ACA) to be unConstitutional. such questioning of the court's motivations by a president, who is also known to be a scholar of the Constitution, deserved a public rebuke by the court
    we are negotiating about dividing a pizza and in the meantime israel is eating it
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  5. #65
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    Re: Appeals Court Fires Back At Obama's Comments

    Quote Originally Posted by Krhazy View Post
    It wasn't an issue that had been raised in the case being heard.


    I like that the judge did it, but I do agree with you. It seemed rather unecessary and not a proper place to have it occur.

  6. #66
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    Re: Appeals Court Fires Back At Obama's Comments

    Quote Originally Posted by justabubba View Post
    but it certainly had bearing in that case
    it involved the challenge to expanded restrictions on physician-owned hospitals, which restrictions were found in the Obamacare (ACA) law
    was it unusual for the court to respond to statements not in the record before it? absolutely. but President Obama could be viewed as undermining the court's authority by his statements that it would be “unprecedented” and an example of “judicial activism” by “an unelected group of people” for the court to find the mandate provision of Obamacare (ACA) to be unConstitutional. such questioning of the court's motivations by a president, who is also known to be a scholar of the Constitution, deserved a public rebuke by the court
    I disagree.

    In limited circumstances, a court can request input on an ambiguous issue of law from state courts, congress, etc. But the issue must be necessary to decide the case. In this case, the issue is not ambiguous, the government hadn't raised the issue in the case, and the appeals court is bound by SCOTUS precedent anyway, so it is irrelevant what the President thinks.

    If SCOTUS itself had sent Obama a demand regarding the case they are actually considering, I probably would feel differently, although I would still consider such a demand petty. But apart from these unusual circumstances, the judiciary doesn't have any authority to demand the executive branch to answer inquiries any more than the executive branch has the authority to demand SCOTUS to state how it would rule on a particular issue out of context.

    Obama's comments are absolutely embarrassing, especially given that he is a constitutional law scholar. But I think it is the Republicans' job to ridicule him, when warranted, not the judiciary.

    Anyway, I don't have that big of an issue with it, in any event. It's not like it hurt anybody. I just think it was unprofessional.
    Last edited by Cameron; 04-06-12 at 01:23 PM.
    (avatar by Thomas Nast)

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