However, despite this “clarification,” Judge Smith was unsatisfied, specifically referencing when President Obama called the judges an “unelected group.”
“That has troubled a number of people who have read it as somehow a challenge to the federal courts or to their authority,” Judge Smith said. “And that’s not a small matter.”

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April 3, 2012

Becket Adams

A federal appeals court has ordered the Justice Department to clarify comments made by the president when he said yesterday that it would be “unprecedented” for the Supreme Court to overturn his signature health care law (“Obamacare”).

“I am confident that this will be upheld because it should be upheld,” President Obama said.

“Ultimately I am confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.”

He continued:

And I‘d just remind conservative commentators that for years what we’ve heard is the biggest problem on the bench was judicial activism or a lack of judicial restraint, that an unelected group of people would somehow overturn a duly constituted and passed law.

Well, this is a good example. And I’m pretty confident that this court will recognize that and not take that step.

Read more here:  http://www.theblaze.com/stories/fed-appeals-court-to-doj-you-have-u...