But a response is demanded:
Obama's Officious OpinionsExpect the Justice Department to ignore the order.
By Ross Kaminsky, American Spectator
On Tuesday afternoon, in a stunning rebuke of President Obama, Judge Jerry Smith of the Fifth Circuit Court of Appeals decided he had heard enough of the president's incessant hyper-partisan rhetoric challenging the independence of the federal judiciary. Judge Smith, who was appointed to the court by Ronald Reagan, "referring to statements by the president in the past few days to the effect… that it is somehow inappropriate for what he termed 'unelected judges' to strike acts of Congress," said that Obama's comments "have troubled a number of people who have read it as somehow a challenge to the federal courts or to their authority…. And that's not a small matter."
He then ordered the Justice Department to respond to the court by noon on Thursday with a letter (minimum three pages, single-spaced) explaining with specificity the DOJ's position on "judicial review, as it relates to the specific statements of the president, in regard to Obamacare and to the authority of the federal courts to review that legislation." [link]
The executive branch of our federal government has its own constitution upon which it relies.
The Judiciary can pound salt.