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Obama's slap: History slaps back

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Thursday, April 5, 2012

Hell hath no fury like a federal judiciary publicly threatened by a "constitutional scholar" president who knows not the Constitution, not scholarship and certainly not history.

U.S. 5th Circuit Court of Appeals Judge Jerry Smith in Houston has given President Barack Obama's Justice Department until today to file a three-page, single-spaced brief documenting Attorney General Eric Holder's recognition of "the authority of the federal courts through unelected judges to strike acts of Congress or portions thereof in appropriate cases."

The order came in a lawsuit challenging the constitutionality of yet another ObamaCare mandate. The Supreme Court last week heard arguments regarding the constitutionality of the law's "individual mandate."

Those arguments didn't go well for the administration. Which prompted the president to openly question the legitimacy of the judiciary while engaging in revisionist history: "I am confident the Supreme Court will 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."

Never mind that ObamaCare passed with a quite slim majority, the Supreme Court has done the supposedly "unprecedented" at least 53 times between 1981 and 2005 alone. And the practice of judicial review dates to 1803.

In a spate of ignorant political grandstanding, Obama slapped the judiciary. With the law and history on its side, the judiciary slapped back. The American people should follow suit on Nov. 6.

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