Search  |  Login  |  Register

By Jay Sekulow1333656008000

A new development in the weeklong war of words launched by President Obama at the Supreme Court. Today, Attorney General Holder complied with a request by a federal appeals court judge to provide a written explanation about the role of the judiciary.

It all began on Monday when President Obama chastised the high court saying it would be "unprecedented" for the Supreme Court to overturn ObamaCare. He also attempted to raise doubts about the legitimacy of such opposition by what he called "activist" and "unelected" justices.

That prompted Judge Jerry Smith of the U.S. Court of Appeals for the Fifth Circuit to express concern about the president's comments which many view as a challenge to judicial authority. As Judge Smith put it: "That has troubled a number of people who have read it as somehow a challenge to the federal courts or to their authority. And that's not a small matter." Judge Smith ordered the Department of Justice to do some homework and to provide a written explanation due today.

In a three-page letter, Attorney General Holder said "the power of the courts to review the constitutionality of legislation is beyond dispute," though it should only be exercised in "appropriate cases." He also claimed laws passed by Congress are "presumptively constitutional."

As I told Megyn Kelly on FOX News today, this whole episode was a self-induced error by the president and compounded by the Obama Administration. Even the president's former mentor, Harvard Law School professor Laurence Tribe, said the president "obviously misspoke." You can watch the interview here.

Most Americans understand the role of the Supreme Court. And, President Obama's attempt to influence or intimidate the Justices while the ObamaCare case is pending before the high court is totally inappropriate.

The president certainly has the right to express his opinion about how he hopes the high court will rule on ObamaCare. But, his over-the-top warning crossed the line. As Senate Minority Leader Mitch McConnell put it today: The president should "back off" the Supreme Court and let the Court do its work.

Latest in
ObamaCare

Obama Repackages Abortion-Pill Mandate

By Matthew Clark1408738939000

The Obama Administration is not one to let a mere Supreme Court decision get in the way of its radical pro-abortion agenda. After losing major abortion-pill mandate litigation at the Supreme Court and then failing in an attempt to ram a new abortion-pill mandate through Congress (where it couldn’t...

read more

Another Win in HHS Mandate Litigation

By Edward White1407812800000

Over the past few years, the ACLJ has represented numerous businesses and their owners in seven lawsuits challenging the HHS Mandate, which requires businesses to include in their health plans coverage for contraception, sterilization, and abortion-inducing drugs in order to avoid crippling...

read more

Massive Blow to ObamaCare

By David French1406047849000

It looks like Nancy Pelosi should have read ObamaCare before she passed it. This morning, in a 2-1 decision the D.C. Circuit struck down a lawless IRS rule that dramatically extended ObamaCare subsidies well beyond the law’s written guidelines. Put simply, the D.C. Circuit found that ObamaCare...

read more

New Abortion-Pill Mandate Voted Down

By Matthew Clark1405542977000

Senate Democrats attempt to gut religious liberty and “reverse” the Supreme Court’s Hobby Lobby decision on the abortion-pill mandate has been defeated. Pro-abortion radicals reeling from the Supreme Court’s decision in Hobby Lobby quickly jumped to extreme measures to push through their failing...

read more