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Holder says court power to review laws 'beyond dispute'
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| Contributor | Imperator |
| Last Edited | Imperator Apr 06, 2012 06:35am |
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| Category | Statement |
| Author | foxnews.com |
| Media | TV News - FOX News |
| News Date | Friday, April 6, 2012 12:00:00 PM UTC0:0 |
| Description | Attorney General Eric Holder assured a federal appeals court Thursday that the Obama administration believes judges have the authority to overturn federal laws, after President Obama's comments earlier this week raised concerns from the bench about his view of judicial power.
Holder, in a three-page letter to the 5th Circuit Court of Appeals, said "the power of the courts to review the constitutionality of legislation is beyond dispute," though it should only be exercised in "appropriate cases." He also claimed laws passed by Congress are "presumptively constitutional."
The response capped an unusual dispute between the co-equal branches of government, one which has since reverberated on the campaign trail and beyond.
Obama originally said Monday it would be "unprecedented" for the Supreme Court to overturn the federal health care overhaul, following its three-day review of the law last week. Administration officials later insisted that the president was not making a broad statement -- and was rather referring only to cases pertaining to the Commerce Clause and dealing with matters of the national economy.
The comments, though, caught the attention of a three-judge panel on the 5th Circuit, as Judge Jerry Smith paused during a hearing Tuesday to chide the administration for what he said was being perceived as a "challenge" to judicial authority. |
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