The Justice Department got their homework assignment in on time to Judge Smith at the Fifth Circuit court in Houston. He demanded a three-page single-spaced letter, and that really ticked off the left that this judge would essentially issue a homework assignment to the Department of Justice. What really ticked off the left was that the government lawyer acknowledged, “Oh, yeah, Judge, there’s judicial review, and we accept that.” And the judge, the left says, should have accepted that. Instead he issued this order that the department itself issue him a three-page single spaced letter memo explaining their understanding of judicial review, and it is three pages long. And it is single-spaced. And it was signed by Eric the Red himself. Eric Holder.
In a nutshell, the attorney general, Eric the Red, claims that the Department of Justice supports judicial review and that Obama’s comments shows that he did, too. That’s what it says when you boil it down. Which, of course, is untrue. Obama did the exact opposite. Holder says that laws passed by Congress are… I never heard of this word, presumptively constitutional. Laws passed by Congress are presumptively constitutional even though Holder’s own DOJ is fighting the constitutionality of the Defense of Marriage Act as we speak. This is one of the ironies of this. While Obama’s out there saying that courts never overturn, they’re asking the court to overturn DOMA. Even though DOMA was passed by a duly elected Congress, duly constituted bill, whatever. But both Obama and Holder have pronounced it to be unconstitutional.
There’s a story here today, Reuters: “White House in Damage Control Over Obama Supreme Court Remarks.” They’re not in any damage control. He said exactly what he intended to say. There’s no damage control going on. That’s the illusion. They want you to think that there’s damage control going on. That’s exactly what Obama meant to say. We touched on this yesterday, but it is so truly hilarious that it might be worth going into a little bit more detail, because at the very least it shows Obama’s ignorance and arrogance. Yesterday the White House “spokeskid,” Jay Carney, said that Obama merely made an unremarkable observation about 80 years of Supreme Court history, which is remarkably clueless even for the Carney kid.