Court of Appeals Demands Obama's Lawyer Answer Whether Courts Have Power To Strike Down Federal Law Or Not

This is real escalation.

You're going to intimidate us? Okay, we're going to intimidate you back.

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.

The order, by a three-judge panel of the U.S. Court of Appeals for the 5th Circuit, appears to be in direct response to the president's comments yesterday about the Supreme Court's review of the health care law...

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, the lawyer said.

The case being argued is a suit by physicians and physician-owned hospitals against ObamaCare. After getting the DOJ lawyer to confess that of course that power has been asserted (and used) by the court since 1803, the judge...

... became "very stern," the source said, telling the lawyers arguing the case it was not clear to "many of us" whether the president believes such a right exists.

As Allah noted, as reminded by @baseballcrank, Obama is currently inviting the courts to strike down the Defense of Marriage Act, passed by truly solid democratic majorities, and still popular law. He has instructed his lawyers to not defend the law against challenge (Congress, I believe, has petitioned to intervene to defend the law).

So no, he doesn't really believe the courts can't strike down laws.

He's just lying for political effect, as usual.

via @theRickWilson

Status Update: Real.

Thanks to commenters for reminding me!

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