August 15, 2013 ****
Court slaps down Obama for disregarding laws he doesn't like****

Rosslyn Smith****

** **

I wonder if Obama and his cohorts can appreciate the irony the recent
decision<http://online.wsj.com/article/SB10001424127887324085304579010743875400898.html?mod=WSJ_Opinion_LEADTop>on
the Yucca Mountain waste issue has helped create.
****

President Obama asserted the unilateral power to "tweak" inconvenient laws
in last Friday's news conference, underscoring his Administration's
increasingly cavalier notions about law enforcement. So it's good that the
judiciary-a coequal branch of government, in case the Administration
forgot-is starting to check the White House.****

In a major rebuke on Tuesday, the D.C. Circuit Court of Appeals issued an
unusual writ of mandamus, which is a direct judicial order compelling the
government to fulfill a legal obligation. This "extraordinary remedy" is
nominally about nuclear waste, writes Judge Brett Kavanaugh for the 2-1
majority, yet the case "raises significant questions about the scope of the
Executive's authority to disregard federal statutes."****

I doubt it. History isn't their strong suit. The last time there was so
much buzz about the writ of mandamus may have been when the* segregation
now, segregation tomorrow,
segregation<http://www.npr.org/2013/01/14/169080969/segregation-forever-a-fiery-pledge-forgiven-but-not-forgotten>forever<http://www.npr.org/2013/01/14/169080969/segregation-forever-a-fiery-pledge-forgiven-but-not-forgotten>
** *crowd was still in office across the South. These politicians -- all
Democrats by the way -- seemed to think it was perfectly OK to ignore civil
rights laws they found inconvenient. Will conservative and libertarian
legal foundations get busy and emulate what the NAACP's Legal Defense Fund
did in the 1960s? Those lawyers -- my civil procedures professor, Norman C.
Amaker, had been one of them -- became experts on the writ of mandamus as
they petitioned the federal courts to insure federal laws were uniformly
enforced. It would seem an appropriate thing to do today with an
administration that insists policy debates are to be won after the fact via
the "tweaking" of duly enacted legislation. ****


*Page Printed from:
http://www.americanthinker.com/blog/2013/08/court_slaps_down_obama_for_disreagrding_laws_he_doesnt_like.html
* at August 15, 2013 - 05:19:32 PM CDT****


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