Thursday, April 5, 2012

Wanker of the Week

Fifth Circuit Court of Appeals Judge Jerry Smith, a Reagan appointee, had his, uh, briefs in a knot this week about President Obama's opining that it would be breaking precedent for the Supreme Court to overturn the Affordable Care Act (Obamacare):
"While hearing a challenge to the Affordable Care Act, Fifth Circuit Appeals Court Judge Jerry Smith stopped DOJ attorney Dana Lydia Kaersvang as soon as she started talking. Smith asked whether it was the department's belief that the Supreme Court could declare a law unconstitutional. Kaersvang answered yes, though her reply left Smith unsatisfied, as he reportedly responded that it wasn't evident to him that the president respected judicial independence."

The judge then demanded the Justice Department provide him a no-less-than 3 page paper on the constitutional concept of judicial review. Waaaaaah! Waaaah! The judge's fee-fee's must be very delicate -- too delicate one might argue for someone to be sitting on the Federal bench, for which you're supposed to have a judicial temperament, not a judicial temper tantrum.