On Monday, former Constitutional law prof and now President Obama, laid into the Supreme Court for even thinking about declaring ObamaCare unconstitutional — either in part or in total — saying he was “confident” the Court would not “take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.”
CBS News reports:
Overturning a law of course would not be unprecedented — since the Supreme Court since 1803 has asserted the power to strike down laws it interprets as unconstitutional.
And, in the escalating battle between the administration and the judiciary, a federal appeals court apparently is calling the president’s bluff — ordering the Justice Department to answer by Thursday whether the Obama Administration believes that the courts have the right to strike down a federal law, according to a lawyer who was in the courtroom.
An Appeals Court Judge asked a DOJ lawyer if she agreed that the judiciary could strike down an unconstitutional law.
The DOJ lawyer answered yes — and mentioned Marbury v. Madison, the landmark case that firmly established the principle of judicial review more than 200 years ago.
Now the part that I like.
The panel ordered the Justice Department to submit a three-page, single-spaced letter by noon Thursday addressing whether the Executive Branch believes courts have such power.
That’s a big difference between academia and the courts … I always ask my students to double-space their homework.