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Move on President Obama questions the power of the colts and now the courts want Francis.
As you know by now a fifth circuit judge is demanding an explanation.
Does the president really think the Supreme Court should not have the power to strike down a -- that it thinks is unconstitutional.
-- and Kelly -- of America live on the Fox News Channel joins us now by phone negative the other hood of this kind of rebuke from a federal judge.
To the administration ever heard of anything like this before -- Now I have and it's.
Truly extraordinary and.
You know especially from a federal appellate court justice -- -- Circuit Court of Appeals.
Our viewers know that's one level down for the US Supreme Court that's not -- the federal trial -- -- the next level lot.
And for this judged it to call out the DOJ attorney in the way that he did it truly extraordinary.
At the end of the day do you think this has any impact on the Obama -- case that is being hug before the Supreme Court.
Now I don't think it has any impact whatsoever I think it'll have some political impact.
Perhaps because it'll get up you know passions on both sides.
But a lot of folks on the right are praising this judge today we're not letting the -- The -- battered about by President Obama audited -- he rattled a lot of -- to.
Revere the judiciary when he called out the High Court a during his state union address a couple of years ago -- -- issued as Citizens United decision.
And valley state it another shot at that before it even issue their ruling.
You know suggesting that it would be judicial activism for a bunch of quote unelected judges.
To overturn -- duly constituted lot well that of course.
What court what courts have been doing since but a lot of time there there's no question.
No -- the that that is well within their or authority is what -- you and have done and what president -- Department of Justice.
Is asking federal court to do weekly.
In terms of Overture -- state voter ideologue that's in that in Arizona's immigration law you know that the Obama Justice Department regularly goes in the court asked judges.
-- do constituted -- unelected judges that's because that's what judges do.
You you've got -- a long experience.
As a lawyer yourself I know you're not on you before the Supreme Court but you've been right up there arguing cases in our judiciary.
-- he -- you shocks when President Obama used that expression on the elected judges.
Getting in the way of duly constituted legislation.
If it did that come as a shock to you with somebody who's been inside the legal business.
I was surprised because that notwithstanding that -- united.
-- reference in the state union.
For the most part the president has been respectful of the High Court in particular at which we all need to be in which the American people still do support if you look at the polls that the one.
Body of government that there was.
That the trust of the American people even though it's -- -- sharply divided on a lot of issues.
And did it.
Make them as such a partisan issue before they even issued their -- that.
Where shocking especially to come from the -- -- state you may -- you expect -- to do that.
But I don't think we expect our president if you got I think it's important that as people this country continue to respect.
The United States Supreme Court what all of -- together at our foundation of the country.
Is respect for the rule of law and judges at this stage what the -- it is congress passes the large.
But judges have ultimate say what the -- is and whether it is constitutional and he knows that you know that and they'll.
Is -- real question about whether this is the blatant political shot at them.
And that and the mention of unelected judges.
-- that it is not as every federal judges are elected they're all appointed and they all have lifetime and year.
And the reason we -- these federal court that -- lifetime -- because.
We don't want them to be intimidated.
We don't want them to be subjected to the whip of the people -- the politicians.
Whether -- law is constitutional they're supposed to be immune from that kind of pressure.
So it is not particularly helpful.
The have the president United States.
Apply that kind of cautious about.
Men and we thank you very much for appearing on our program today this is your first appearance -- this I'm I'm glad it was such a momentous issue.
To make your first appearance on -- and company and we thank you very much for taking the time management expects that I'll be very important this is they're okay thank you -- emotionally.