Tuesday, June 09, 2009

Now Obama Thinks He's Above Supreme Court

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Chutzpah for sure from The One. He may well be smacked down by the high court, however:

The Obama Administration argued Monday that no court, including the Supreme Court, has the authority to hear a challenge by Indiana benefit plans to the role the U.S. Treasury played in the Chrysler rescue, including the use of “bailout” (TARP) funds. The Indiana debt holders, U.S. Solicitor General Elena Kagan wrote, simply have no right to raise that issue, thus putting it out of the reach of the courts.

...All of the legal filings expected in the Chrysler case are now before Justice Ruth Bader Ginsburg, as Circuit Justice, and thus she or the full Court could now act on the three applications to postpone the sale of most of the auto company’s assets to a new company representing a combination with Fiat, the Italian auto company.

Ginsburg or the full Court probably will act by mid-afternoon, since there is a 4 p.m. deadline set by the Second Circuit Court. After that, the plan can go forward, unless the Supreme Court decides otherwise. A federal bankruptcy judge and the Second Circuit have approved the deal. The Circuit Court is expected to issue one or more opinions Monday explaining its decision. The Supreme Court, however, does not have to wait for that in order to act.
I wish it was Alito instead of Ginsburg but she got the draw.

This is a power play of historical proportions and one that will test the checks and balances intended by the framers of the Constitution. A check on Obama here may well give investors some confidence that their investment will be somewhat protected but a decision to allow Obama to go forward would have the opposite effect.

The Supreme Court has the chance to put a stop on our march to socialism and Obama doesn't want anyone standing in his way, not even SCOTUS. Let's wait and see if Ginsburg has the guts to challenge him.

Tigerhawk has more.

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