Interesting stances of Branches of U.S. Government

Apr 05, 2012

Holder: Obama administration respects the Supreme Court

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By David Jackson, USA TODAY

Updated 2h 10m ago

CAPTION

By Saul Loeb, AFP/Getty Images

Attorney General Eric Holder told a federal appeals court today that President Obama and the Justice Department respect the Supreme Court's right to review legislation, and he pushed back on the judge's criticism of Obama's comments on the pending health care case."The department has not in this litigation, nor in any other litigation of which I am aware, ever asked this or any other court to reconsider or limit long-established precedent concerning judicial review of the constitutionality of federal legislation," Holder wrote.
At the end of a three-page memo addressed mainly to Appeals Court Judge Jerry Smith, Holder wrote: "The President's remarks were fully consistent with the principles described herein."
On Monday, Obama said he expects the Supreme Court to uphold the health care law -- and that an adverse ruling could well be defined as "judicial activism."
The president cited "conservative commentators" who have argued that "the biggest problem on the bench was judicial activism or a lack of judicial restraint -- that an unelected group of people would somehow overturn a duly constituted and passed law. Well, this is a good example." end quote from:

http://content.usatoday.com/communities/theoval/post/2012/04/obama-ag-we-respect-the-supreme-court/1?csp=34news#.T34H-o5Gj8A

So, if Obamacare is voted down the argument against the Supreme Court will likely be "That the Supreme Court has broken the precedents of the past 70 years and has entered into Judicial Activism" And should therefore be considered suspect by the people of the U.S. as people as having entered into activism without being voted upon by the people and therefore are acting in an activist way without being under the consent of the governed. Also, if Obamacare is voted down it will be an unprecedented(nothing like this has happened before since FDR) move by the Supreme Court which likely will create a Constitutional Crisis between all three branches of government, the executive, the judicial and the legislative branches of government.