Last Updated:August 1 @ 09:32 pm

Holder assures judge of administration's respect

By Pete Yost

WASHINGTON (AP) -- In a letter written at the request of a federal appellate judge, Attorney General Eric Holder on Thursday offered assurances that the Obama administration respects the decisions that courts make.

The attorney general wrote the letter after appeals court judge Jerry Smith in Texas asked for reassurances that the Justice Department recognizes judicial authority. Smith made the request after President Barack Obama said this week that it would be "unprecedented" for the Supreme Court to overturn a major law passed by Congress like the health care overhaul whose constitutionality it is now considering.

On Tuesday, the judge had said he wanted a letter of at least three pages that makes specific references to the president's statements.

"The longstanding, historical position of the United States regarding judicial review of the constitutionality of federal legislation has not changed," Holder wrote.

"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," Holder added. He said "the president's remarks were fully consistent with the principles" the attorney general outlined in the letter.

Smith raised the issue of Obama's remarks during oral arguments over a provision in the new health care law that restricts physician-owned hospitals from expanding or building new facilities.

Holder wrote that where someone bringing a case invokes the jurisdiction of the court and has a valid challenge, "there is no dispute that courts properly review the constitutionality of acts of Congress."

VN:F [1.9.6_1107]
Rate this post:
Rating: 6.2/10 (39 votes cast)
Holder assures judge of administration's respect, 6.2 out of 10 based on 39 ratings





Don't leave yet! Add a comment below or check out these other great stories:

31 Comments

  1. pistol packing mamaComment by txgoatlady
    April 5, 2012 @ 2:15 pm

    I wonder if the letter was three pages, single-spaced as the judge requested?

    VN:F [1.9.6_1107]
    Rate this comment:
    Rating: 5.0/5 (15 votes cast)
    • billwvComment by billwv
      April 5, 2012 @ 2:20 pm

      I just saw on Fox News and besides the Letterhead it was three pages, single spaced.
      Methinks that Mr. Holder does not want to stand before the judge for contempt of court.

      VN:F [1.9.6_1107]
      Rate this comment:
      Rating: 4.8/5 (33 votes cast)
    • downdraftComment by downdraft
      April 6, 2012 @ 6:47 am

      One more thing..Judge Smith is not “reassured”…he just called Obama and Holder’s hand and they folded…

      VN:F [1.9.6_1107]
      Rate this comment:
      Rating: 4.3/5 (3 votes cast)
  2. makesenseComment by makesense
    April 5, 2012 @ 2:30 pm

    At least for now, we know Obama know his proper place.

    I am sure, with his narcissistic tendencies and personality, it could happen again.

    VN:F [1.9.6_1107]
    Rate this comment:
    Rating: 4.2/5 (38 votes cast)
    • downdraftComment by downdraft
      April 5, 2012 @ 2:36 pm

      I don’t think so…I think Obama tossed that challenge out to get the attention of everyone…

      He got mine…and if it were not for Justice Marshall being such a strong and forceful justice there may have been other challenges to the COurt…

      Look, Holder’s words are carefully selected…he uses words like :”there is no dispute that courts properly review the constitutionality of acts of Congress.”

      He agrees that the COurt “properly reviews”…which simply says the result of their action is acceptable, but not that they have the authority…the door is still open…they just wanted to check out the response…

      VN:F [1.9.6_1107]
      Rate this comment:
      Rating: 4.7/5 (19 votes cast)
    • AMVoterComment by AMVoter
      April 5, 2012 @ 2:53 pm

      Obama thinks he is the only one who is right, make not mistake about it. He hasn’t changed, only lied some more for reelection.

      VN:F [1.9.6_1107]
      Rate this comment:
      Rating: 4.8/5 (29 votes cast)
    • southerntomComment by southerntom
      April 5, 2012 @ 4:17 pm

      IT’LL HAPPEN again as soon as he’s reelected… count on it.

      VN:F [1.9.6_1107]
      Rate this comment:
      Rating: 5.0/5 (12 votes cast)
    • bna42Comment by bna42
      April 5, 2012 @ 9:36 pm

      I think Obama knew exactly what he was doing. The Supreme Court justices voted on Obamacare Friday morning, and within minutes after leaving the room Elana Kagan phoned Obama and told him that Obamacare had been ruled unconstitutional. So Obama went into attack mode to intimidate the Supreme Court hoping one of the justices would be humiliated enough to change his vote before the ruling is announced in June.

      Threats, intimidation, and extortion are Chicago-style politics and the community organizer learned very well.

      VN:F [1.9.6_1107]
      Rate this comment:
      Rating: 4.6/5 (9 votes cast)
    • southerntomComment by southerntom
      April 5, 2012 @ 9:41 pm

      …I agree, bna42…

      VN:F [1.9.6_1107]
      Rate this comment:
      Rating: 4.0/5 (4 votes cast)
  3. agent007Comment by agent007
    April 5, 2012 @ 2:32 pm

    Remember that media are often used to throw out false accusations?
    Remember how some of that always seems to stick to the reputation of the accused?
    That is what Obama has just done, again, after the 2010 State of Union.
    He will do it again, mark my words.
    He is doing his community organizing:
    Already Maureen Dowd from the NY Times wrote her opinion:

    New York Times columnist Maureen Dowd is clearly beside herself over the possiblity the Supreme Court might strike down ObamaCare.

    “This court,” she wrote Wednesday, “is well on its way to becoming one of the most divisive in modern American history…It is run by hacks dressed up in black robes…[M]irrors the setup on Fox News”:

    Read more: http://newsbusters.org/blogs/noel-sheppard/2012/04/04/maureen-dowd-attacks-supreme-court-hacks-dressed-black-robes-mirrors#ixzz1rCDebqZk

    Eric Holder on Thursday offered assurances that the Obama administration respects the decisions that courts make. Yeah right, yet another blatant lie by this administration! Holder had no choice, but the damage has been done. The cat is out of the bag! Please all, recognize the evil!

    VN:F [1.9.6_1107]
    Rate this comment:
    Rating: 4.5/5 (45 votes cast)
  4. AMVoterComment by AMVoter
    April 5, 2012 @ 2:32 pm

    Holder may have written the letter, but Holder’s and Obama’s actions clearly show their contempt for the law and their their circumvention and disregard of legislation and laws in this country.

    VN:F [1.9.6_1107]
    Rate this comment:
    Rating: 4.8/5 (42 votes cast)
    • agent007Comment by agent007
      April 5, 2012 @ 2:50 pm

      Can we now get them for lying under oath?

      VN:F [1.9.6_1107]
      Rate this comment:
      Rating: 4.6/5 (22 votes cast)
  5. FrogbalzComment by Frogbalz
    April 5, 2012 @ 2:37 pm

    How do you write single spaced with a crayon?

    VN:F [1.9.6_1107]
    Rate this comment:
    Rating: 4.3/5 (28 votes cast)
  6. SAnnComment by SAnn
    April 5, 2012 @ 2:39 pm

    I was hoping he would not do this and a warrant would be issued for his arrest. He is a coward and really is lying through his teeth that obama administration respects the court. I would bet that when he actually had to tell the truth that the Supremes have the right and the last say on constutitional issues that overrides congress on unconstitutional laws he was choking on HAVING to state that fact.

    VN:F [1.9.6_1107]
    Rate this comment:
    Rating: 4.7/5 (26 votes cast)
    • agent007Comment by agent007
      April 5, 2012 @ 2:51 pm

      I know, if this letter can be proven to be insincere, we should get Obama and Holder both for lying under Oath!

      Just like we should get Obama for all violations of his other Oath (Oath of Office!)

      VN:F [1.9.6_1107]
      Rate this comment:
      Rating: 4.6/5 (21 votes cast)
    • bna42Comment by bna42
      April 6, 2012 @ 8:21 pm

      I believe that Congress has refused to impeach Obama even though they have had several excellent opportunities because they are afraid of him and the race war that would break out in this nation if they threw him out. The only truthful statement Obama has made in the past 3+ years is that we have a do-nothing Congress, but it is still better for them to do nothing than to let the Democrats have free run of the place.

      VN:F [1.9.6_1107]
      Rate this comment:
      Rating: 3.8/5 (4 votes cast)
  7. wedeyComment by wedey
    April 5, 2012 @ 2:44 pm

    You would thnk Obama could write his own letter, since everyone talks about how smart he was and he even taught law.
    How could that be, when he doesn’t even understand it or apply it. And his speech on Monday was completely distateful.
    You would think he would get his facts straight as we all know he barely got Obamacare passed and had to pay some congressmen to get it done. Does anyone remember the Cornhusker kickback and the Louisiana Purchase? Keep up the good work Sheriff Joe. I would like to see O in prison.

    VN:F [1.9.6_1107]
    Rate this comment:
    Rating: 4.7/5 (26 votes cast)
    • davnkatzComment by davnkatz
      April 5, 2012 @ 4:44 pm

      BUT – as ex-faux-prez, would he still be eligible to have an army of secret service agents protecting him even in prison?

      VN:F [1.9.6_1107]
      Rate this comment:
      Rating: 4.6/5 (9 votes cast)
    • southerntomComment by southerntom
      April 5, 2012 @ 4:56 pm

      ~ davnkatz ~ I don’t think an ex prez, convicted of a crime that sent him to prison, would have any protection in prison, other than what he could secure from the inmates on his own…

      VN:F [1.9.6_1107]
      Rate this comment:
      Rating: 4.3/5 (6 votes cast)
  8. 1000tourmelinesComment by 1000tourmelines
    April 5, 2012 @ 2:46 pm

    The whole administration is sounding more and more like an old-time medicine show – Everything you hear is rightly suspect.

    VN:F [1.9.6_1107]
    Rate this comment:
    Rating: 4.8/5 (20 votes cast)
  9. perfectlyagedComment by perfectlyaged
    April 5, 2012 @ 3:10 pm

    Obama will not give up treading on anyone and everyone. He is so conceited and puffed-up and to me seems to glory in cutting people and groups down! He has two distinct sides…
    one where he tries to make people laugh whether it is about the Republicans or the actions of others…the other black side of Obama is his demeaning manner when he chastens, scolds or takes people or groups in authority to task and presents himself as the only correct and proper one in the room and projects himself as the only authorized person to correct and chasten! He is a total embarrassment to the people of America!

    VN:F [1.9.6_1107]
    Rate this comment:
    Rating: 4.6/5 (22 votes cast)
    • AMVoterComment by AMVoter
      April 5, 2012 @ 4:55 pm

      One thing I don’t understand is that Republicans (heard this from Santorum and others a number of times) keep saying Obama is likable. There is nothing likable about the arrogant narcissist.

      VN:F [1.9.6_1107]
      Rate this comment:
      Rating: 4.7/5 (14 votes cast)
  10. wolfComment by wolf
    April 5, 2012 @ 3:14 pm

    The problem Holder has, is that the guy he is defending has a “habit” of demeaning and castigating the Supreme Court Justices. Remember the “scolding” the Justices received on National TV for a decision they made? Whether it was liked or not liked…the decision DID follow the Constitution regarding anybody or anybodies having the right to free speech. Obama just hates anything that goes against his decisions and judgement. A complete narccisit like we’ve never witnessed before.
    And on another note: calling the Supreme Court an “unelected group of people” inplying they have no right to go against him….how about the unelected host of Czars that Obama has all of us succumbing to every single day??? Hypocrite.

    VN:F [1.9.6_1107]
    Rate this comment:
    Rating: 4.6/5 (23 votes cast)
  11. krispykritterComment by krispykritter
    April 5, 2012 @ 5:58 pm

    Holder gave his assurances. This means he is lying again.When this administration responds to anything,You have to go 180 degrees from what they are saying to get the meaning of what they are talking about.

    VN:F [1.9.6_1107]
    Rate this comment:
    Rating: 4.6/5 (9 votes cast)
  12. JDZComment by JDZ
    April 5, 2012 @ 6:26 pm

    Eric Holder is Obama’s “junk yard dog” and “cleaner” and does whatever Obama wants, regardless of whether or not it is per the “letter of the law”. Over 100 members of Congress has asked for his resignation due to the “fast and furious” debacle and other matters including the myriad of law suits against the states, but Obama has shown more of his disrespect for Congress by not honoring that request. Never has a President shown such an attitude toward Congress even if those requesting were of the opposite political party.

    Obama has always gotten whatever he has wanted since being taken under the wings of men like Bill Ayers and others in the Chicago political “mafia”. He expects to be re-elected in November as he has never lost an election or been denied anything in his “professional” career. Those pulling the strings (like George Soros) have always found a way to make it happen for him.

    He has similar personal attributes to a spoiled kid who was raised in an affluent family and was given anything he ever wanted but with a narcissistic bent personality. He can be charming when he wants to be, but extremely caustic and arrogant at other times. He is inexperienced in many ways, but well trained in the art of propaganda and manipulation and is excellent in presenting himself as a sincere and caring individual. We know, however, that he is hypocrite that would say or do whatever is necessary to gain a voting edge or get his way, and he doesn’t care who he steps on in the process.

    Because the extremist liberal movement has gained control of the Democratic party and have someone like Obama as President who will pull over 90% of the Black vote to add to the other minorities, labor union voters, and those on government subsidy programs, they have managed to put themselves in a position that perhaps the most inept, inexperienced, and dangerous President ever elected could get re-elected in spite of being basically a total failure.

    It is not clear as yet that enough of the independent voters and voting blocks like the women voters have figured out how they are being used by the Obama campaign team and being manipulated to believe that the Republican candidate, regardless of who it is, would be worse for them then Obama and his radical socialist policies. The same for the Hispanic voters who hopefully are also waking up to how they are being used by the liberal movement. I can see them moving more toward Republicans due to the Catholic issue that should have given them a “wake up” call.

    VN:F [1.9.6_1107]
    Rate this comment:
    Rating: 4.6/5 (9 votes cast)
  13. IctheliteComment by Enoughalready
    April 5, 2012 @ 8:04 pm

    If BHO knew anything about the U.S.Constitution and the three branches of government set forth within it then he’d know this is exactly what the SCOTUS is suppose to do. What a dead headed smuck this joker is. This traitor just continues to show his hatered for this country on a dailey basis.

    VN:F [1.9.6_1107]
    Rate this comment:
    Rating: 4.6/5 (9 votes cast)
  14. Patrick BowmanComment by Patrick Bowman
    April 5, 2012 @ 9:15 pm

    Why can’t Omamba and Holder both be impeached, they both swore under oath to uphold the constitution? We all know that they have done the exact opposite, and that’s not talking about Holders contempt of congress over the mexican gun running. . . .

    VA:F [1.9.6_1107]
    Rate this comment:
    Rating: 4.6/5 (10 votes cast)
  15. truedeelComment by truedeel
    April 6, 2012 @ 4:09 am

    This administration has no respect for anyone who disagrees with them. Why else would they admonish a supreme court decision that is yet to be rendered. It is important to remember presidents understand their role in a balanced government, kings do not.

    VN:F [1.9.6_1107]
    Rate this comment:
    Rating: 4.3/5 (6 votes cast)
  16. drewscoComment by drewsco
    April 6, 2012 @ 9:53 am

    Mr. Yost:

    Your bias exhibited towards the left is obvious and I have no issue with that. However, if you’re trying to appeal to the GOP base, you should do so by being less disingenuous.

    For example, you state that appeals court judge Jerry Smith in Texas asked for reassurances that the Justice Department recognizes judicial authority.

    This statement is false and misleading; because it suggests that the intent of the appellate court judges was simply a harmless inquiry seeking some sort of reassurance from the Obama administration.

    Allow me to put this story in proper context.

    We all can agree that President Obama has a First Amendment right to opine on how the Supreme Court should interpret the constitutionality of the health care law.

    And, we can agree that if the attorney general or Department of Justice acts in a manner consistent with Barack Obama’s personal viewpoint, then there would be reason for pause.

    However, that never happened.

    Think about this: Since President Obama took office, the attorney general or the Department of Justice have never challenged or questioned the authority of the federal courts through unelected judges to strike acts of Congress or portions thereof in appropriate cases.

    There no reason for the judges to raise this issue.

    I believe it was the intent of these Republican appointed judges to use this as an opportunity to chastise President Obama vicariously thru the Department of Justice.

    As I just stated, all three of these judges were Republican nominees, something I sure Mr. Yost would have mentioned if they were Democrat nominees.

    VN:F [1.9.6_1107]
    Rate this comment:
    Rating: 1.7/5 (6 votes cast)
    • AMVoterComment by AMVoter
      April 6, 2012 @ 2:41 pm

      drewco,

      As you stated individuals are entitled to their opinions. It is evident that you are one of Team Obama’s watchdogs. You really should be opining at Huffington where like-minded individuals may find an appreciation for your blather.

      This is the second time Obama has made an issue of the Supreme Court, and it is plainly evident that Obama is attempting to make the court part of his campaign strategy as he cannot run on his failed record. Obama has vilified business, banks, congress, and the supreme courts to name just a few. He is preaching gloom and doom in an effort to win reelection. His strategy to divide this country is obvious and hardly presidential, not to mention a complete turnaround from 2008 “hope and change” Obama.

      VN:F [1.9.6_1107]
      Rate this comment:
      Rating: 4.2/5 (6 votes cast)
    • iamacmanComment by iamacman
      April 9, 2012 @ 3:13 am

      “We all can agree that President Obama has a First Amendment right to opine on how the Supreme Court should interpret the constitutionality of the health care law.”

      No, we can’t agree on this. It is highly improper for an acting President (pun intended) to attempt to influence the SCOTUS before their decision is rendered, in an obvious political move. That’s why he was called to task by this judge.

      What we CAN agree to is that the “President’s” statement “that it would be ‘unprecedented’ for the Supreme Court to overturn a major law passed by Congress like the health care overhaul whose constitutionality it is now considering” is inappropriate and inaccurate and he was called on it and forced to admit that it was inaccurate.

      drewsco, you really are an arrogant ***, just like your fuhrer…

      VN:F [1.9.6_1107]
      Rate this comment:
      Rating: 5.0/5 (1 vote cast)

Leave a Comment





News Archives

  • August 2014
  • 2014
  • 2013
  • 2012
  • 2011
  • 2010
  • Reference Pages

  • About
  • Network-wide options by YD - Freelance Wordpress Developer