An appeals court judge who claimed President Barack Obama was challenging the authority of federal courts was just throwing a “judicial hissy-fit,” according to CNN legal analyst Jeffrey Toobin.
“Totally extraordinary and totally inappropriate,” Toobin said. “This was a judicial hissy-fit.”
U.S. 5th Circuit Court of Appeals Judge Jerry Smith on Tuesday demanded a “three page, single spaced” letter from the Justice Department regarding the authority of the federal courts to strike down laws passed by Congress. Obama said Monday that the “unelected” Supreme Court should not to take the “extraordinary” and “unprecedented” step of striking down the Affordable Care Act.
“What the President said was entirely appropriate, entirely within his rights as an American citizen to express his opinions about this law,” Toobin continued.
“He wasn’t intimidating the Supreme Court. He couldn’t intimidate the Supreme Court if he wanted to. He was simply saying that he believes this law is constitutional, and this judge, doing this ridiculous patronizing act to the Department of Justice has simply made himself look ridiculous.”
Toobin claimed that if the Supreme Court did strike down the health care law, it would in fact be “extremely unprecedented,” even though the Supreme Court has the right to do so.
Toobin previously predicted that the Supreme Court would strike down the law’s individual mandate clause.
Watch video, courtesy of CNN, below: