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by Slowplay
Thu Apr 05, 2012 1:29 pm
Forum: Federal
Topic: Obama scorn of SCOTUS at State of Union
Replies: 29
Views: 4053

Re: Obama scorn of SCOTUS at State of Union

Holder's letter tries to soften Obama's comments, since there's no real defense for what Obama said on Monday. Obama wasn't even right about the "democratically elected congress" that voted for "Obamacare.". The 60th vote for the Patient Protection and Affordable Care Act ("Obamacare") on Christmas eve 2009 was Paul Kirk, appointed by Deval Patrick (before MA elected Scott Brown for the seat vacated by Ted Kennedy).

Holder basically says the laws passed by congress are presumptively constitutional - well yeah, they do take an oath to uphold the Constitution... :roll:
In considering such challenges, Acts of Congress are “presumptively constitutional,” Turner Broadcasting System, Inc. v. FCC, 507 U.S. 1301, 1301 (1993), and the Supreme Court stressed that the presumption of constitutionality accorded to Acts of Congress is “strong.” United States v. Five Gambling Devices Labeled in Part .. Mills,” and Bearing Serial Nos. 593-221,346 U.S. 441 , 449 (1953); see, e.g., Gonzales v. Raich, 545 U.S. 1, 28 (2005) (noting that the “congressional judgment” at issue was “entitled to a strong presumption of validity”). The Supreme Court has explained: “This is not a mere polite gesture. It is a deference due to deliberate judgment by constitutional majorities of the two Houses of Congress that an Act is within their delegated power or is necessary and proper to execution of that power.”
There is also a presumption of innocence, so big deal...doesn't stop courts from doing their jobs.

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