President Barack Obama's administration confirmed that the courts have the right to strike down federal laws after a judge demanded an explanation of recent remarks by the president, according to a New York Times report.
Judge Jerry Edwin Smith of the U.S. Court of Appeals for the Fifth Circuit issued an ultimatum Tuesday demanding Attorney General Eric Holder write a three-page letter addressing President Obama's statement that the Supreme Court's overturning of the healthcare reform law would be an example of "judicial activism."
In the letter, the attorney general said, "The power of the courts to review the constitutionality of legislation is beyond dispute," and "The longstanding, historical position of the United States regarding judicial review of the constitutionality of federal legislation has not changed," according to the report. However, Mr. Holder noted that the courts' respect for Congress' judgment is especially important in a case regarding interstate commerce, which the administration argues the Patient Protection and Affordable Care Act is, according to the report.
After receiving backlash over his comments on the Supreme Court, President Obama later clarified his statements, saying the court does have the "extraordinary" power to strike down laws, and as such usually overturns laws only with careful consideration and constraint, according to the report.
Judge Smith issued the ultimatum during a hearing on a separate matter related to the PPACA — the expansion limitation on physician-owned hospitals.
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Judge Jerry Edwin Smith of the U.S. Court of Appeals for the Fifth Circuit issued an ultimatum Tuesday demanding Attorney General Eric Holder write a three-page letter addressing President Obama's statement that the Supreme Court's overturning of the healthcare reform law would be an example of "judicial activism."
In the letter, the attorney general said, "The power of the courts to review the constitutionality of legislation is beyond dispute," and "The longstanding, historical position of the United States regarding judicial review of the constitutionality of federal legislation has not changed," according to the report. However, Mr. Holder noted that the courts' respect for Congress' judgment is especially important in a case regarding interstate commerce, which the administration argues the Patient Protection and Affordable Care Act is, according to the report.
After receiving backlash over his comments on the Supreme Court, President Obama later clarified his statements, saying the court does have the "extraordinary" power to strike down laws, and as such usually overturns laws only with careful consideration and constraint, according to the report.
Judge Smith issued the ultimatum during a hearing on a separate matter related to the PPACA — the expansion limitation on physician-owned hospitals.
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