Tribe: Texas Judge's Order to Obama Justice Dept 'Gratuitous', 'Shocking', 'Insult', like 'Limbaugh'

[bigtree]

Last edited Sat Apr 7, 2012, 10:34 AM - Edit history (1)

Tribe told the WSJ earlier this week that President Obama simply “misspoke.” In his column Friday, Tribe said the president’s comments were distorted and exaggerated:

The “unprecedented, extraordinary” step he noted the justices would be taking if they were to overturn the Affordable Care Act was, of course, not the step of exercising judicial review, as the court has done ever since Marbury v. Madison in 1803, but the step of second-guessing congressional judgments about how best to regulate a vast segment of the national economy. No one in the world — certainly none of the justices — can have been surprised to learn that Obama believes his signature domestic achievement fully complies with the Constitution and ought to be upheld — or that the Supreme Court has a decades-old tradition of treading lightly when major regulations of interstate commerce come before it.

Tribe said Obama meant no disrespect to the court. He then laid into Judge Jerry Smith of the U.S. Court of Appeals for the Fifth Circuit who, citing Obama’s remarks, ordered the Justice Department to submit a three-page, single-spaced letter describing its position on judicial review. The move was seen by Obama supporters as a not-so-subtle ploy to have the attorney general go on record saying the president was wrong. Supporters of Judge Smith say he took Obama’s comments seriously and issued his order out of genuine concern.

Tribe . . . describing Smith’s actions:

"Smith’s gratuitous order is little more than a thinly concealed insult to the president, the Justice Department and the administration. It constitutes a shocking departure from norms of judicial behavior. While such partisan bickering might be expected from the minority leader of the Senate or from commentators like Rush Limbaugh, who drew upon Obama’s remarks in yet another entry in their relentless attacks on the president, it is hardly to be expected of a federal judge."

related:

The 5th Circuit Court's insult to Obama
By Laurence H. Tribe, Special to CNN
http://www.cnn.com/2012/04/06/opinion/tribe-obama-remarks/index.html?eref=rss_latest&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+rss%2Fcnn_latest+%28RSS%3A+Most+Recent%29

[ArcticFox]

1. Gotta say, your title's no good

There's no such quote and Limbaugh is quite tangential.

[bigtree]

2. let's see about that nitpick

He says the order is 'gratuitous.'

He says it was an 'insult.'

He says it was 'shocking.'

Further, he likened the action to something 'Limbaugh' would do.

[BlueToTheBone]

3. No, it isn't. And I'm confused

When did we start making up our own headlines?

[bigtree]

4. that's the nature of this forum. I only share articles which I can interpret

. . . according to my own view and perspective.

All of those characterizations of the judge's order are right there in his statement. You are confused.



(I edited out the last comment because it was unintentionally confrontational.)

[ArcticFox]

7. With the changes you've made, it's now much better

[bigtree]

10. cool

thanks

[kemah]

5. The judge will probably not even read the brief

Judge Smith will not even read what ever is handed over to him. He has made up his mind and facts are not going to persuade him, typical gop mentality.

[bigtree]

6. you're right, except to find something else to pick at

. . . especially now that he's had his judicial integrity questioned.

[kiranon]

14. This judge lost any chance of being elevated to the Supreme Court.

Took a course on appellate advocacy a few years ago and judges from the 5th Circuit were some of the speakers. These judges told some sexist jokes they thought were very funny until a number of women in the class complained. They promised to amend their ways but this judge's action makes me wonder if anything has changed.

[enough]

8. The title of the OP is fine. This is not LBN, where one has to use the original headline.

Each of the words is in separate pairs of quotation marks. There is no suggestion that the entire headline is a quote.

Now, on the the content. Interesting POV from Tribe. Thanks for posting.

[UTUSN]

9. R#7 & K n/t

[BOHICA12]

11. The President took a shot .... a calculate shot ....

and he got a ricochet. He did not misspeak, he miscalculated.

[bigtree]

12. we don't know who was hit by the shrapnel

The Court's in hiding. They may well just lick their wounds and give it up.

[BOHICA12]

13. I think more a Hamilton/Burr situation .... and Burr has yet to shoot! nt