Holder: Obama comments on Supreme Court were "appropriate"

AP Photo/Susan Walsh

The Obama administration said Wednesday it would comply with a request to formally lay out its beliefs on whether or not the courts have the right to strike down a federal law, following President Obama's comments earlier this week about the Supreme Court's review of the health care law.

"We'll respond appropriately" to the request, Department of Justice spokesperson Tracy Schmaler told CBS News on Wednesday.

Speaking to reporters on Wednesday, U.S. Attorney General Eric Holder affirmed that the administration would agree to submit a three-page, single-spaced letter on the concept of judicial review by Thursday at noon, per a request by a three-judge panel of the U.S. Court of Appeals for the 5th Circuit.

Still, Holder defended the president's remarks as "appropriate."

"What the president said a couple days ago was appropriate," Holder told reporters in a Chicago press conference. "He indicated that we obviously respect decisions that - that courts make under our system of government... But courts are also fairly deferential when it comes to overturning statutes that the duly elected representatives of the people - Congress - pass."

The order appears to be in direct response to Mr. Obama's having said Monday that he was "confident" the court would 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" with regard to his health care law.

The Supreme Court has asserted the power to strike down laws it deems unconstitutional since 1803.

The president later clarified his remarks, suggesting he meant it would be "unprecedented" for the court to judge that the health care law exceeded Congress' power to regulate an economic issue like health care.

"The point I was making is that the Supreme Court is the final say on our Constitution and our laws, and all of us have to respect it, but it's precisely because of that extraordinary power that the Court has traditionally exercised significant restraint and deference to our duly elected legislature, our Congress. And so the burden is on those who would overturn a law like this," Mr. Obama said.

But while hearing a separate challenge relating to the health care law Tuesday, Judge Jerry Smith argued the president's comments "have troubled a number of people," and demanded clarification on the administration's position.

"I would like to have from you by noon on Thursday -- that's about 48 hours from now -- a letter stating what is the position of the Attorney General and the Department of Justice, in regard to the recent statements by the president," Smith said. "What is the authority is of the federal courts in this regard in terms of judicial review?"

In his daily press briefing Wednesday, White House Press Secretary Jay Carney reiterated that "of course" federal courts have the authority to rule on the constitutionality of law passed by Congress, and that the president was merely making "an unremarkable observation about the 80 years of Supreme Court history."

According to Carney, Mr. Obama's comments reflected "the fact that since the Lochner era of the Supreme Court, since the 1930s, the Supreme Court has without exception deferred to Congress when it comes to Congress's authority to pass legislation to regulate matters of national economic importance such as health care."

"That is an observation and not a particularly remarkable one," he said. "He's simply making an observation about precedent and the fact that he expects the court to adhere to that precedent."

[HarryOrielly]

Holder is the highest justice official in the country who has lied under oath many times and been in contempt of court for stonewalling and refusing to cooperate with the senate committee- Stimulus money was used to give guns to the Zeta Mexican Drug cartel- YET NO ONE will go to jail for these crimes because the news-media refuse to report anything about Obama's entire past criminal history and
covers up his crimes- such as his FORGED birth certificate & multiple
SSN's used in real estate scams- The American NEWS-MEDIA BLACKOUT on Obama's past criminal history is UNFORGIVEABLE-

[TimeToEvolve]

Hey Congress, if you have a Republicon Corporation appointed Supreme Court that thinks corporations are people, money is free speech and humans don't need health care, "Blame Yoself".

[Mikzy]

I'm guessing most people did not read the article lol

[TimeToEvolve]

I think the key part of it was the fact that the "Supreme" Court has no business ruling on the authority of Congress to regulate matters of national economic importance such as health care.

[starving1968-3]

by Twister051 April 5, 2012 12:39 PM EDT
AGREED! The guy in the White House now is a treasonist MORON!

Obama neither understands, or loves, America.

Wise people know November 2012 is our very LAST chance to save America.







What act of treason has Obama committed?

[starving1968-3]

by wfw3536 April 5, 2012 1:13 PM EDT
Starving------You said the liberal press wasn't saying Obama misspoke on Monday regard his major blunder on the power of the Supreme Court. Well, maybe you should start reading and/or watching MSNBC to see and hear them come up with excuses for Obama.







I don't watch heavily slanted "news" outlets, that have agendas to push or axes to grind - like Fox News or MSNBC.

I get my news from ACTUAL news outlets - usually Daily Beast and Politico.

[starving1968-3]

by honest_pols April 5, 2012 11:12 AM EDT
@ starving1968
Why do you support Obama, who is working in the interests of all sorts of American adversaries - from Islamofascist movements, to terrorists and others who constantly plan to either do major harm to America, or to destroy America?







Don't tell me, let me guess - you have NOTHING to back up these allegations.

Correct?

[honest_pols]

The problem is:

The list of Obama's Anti-America and Anti-Western Free World actions is just too numerable to mention.
In fact, Obama's purpose is to weaken, and to eventually destroy our America!

You must be a foreign agent.
And that is based on your consistently defending the same regimes and movements as Obama and his "wreck America crew" do!

[starving1968-3]

Translation of honest_pols BS: "No - I cannot list ONE item that backs up my nonsensical BS, and my allegations are very far BEYOND just being absurd. They're outrageous."

[credibility2]

Both Holder and Obama are nincompoops. They've convinced themselves that there is only one branch of the government, the Executive one. They continue to try and also convince the misguided, ill-informed and the many mental slaves of liberalism.

[starving1968-3]

They're convinced that there is only one branch of the government - the executive one - by stating that the law was passed by a bipartisan congress and senate and therefore shouldn't be overturned by the judiciary?

Talk about a mental slave - you can't even use common sense in your posts anymore!

[dollyomolly]

Ruined It for Americans & Osama Bin Laden Was Caught By Loyal Men in uniform!!!! Starving!! If you are starving that is your fault & no one elses!!! Are you a Occupy Protester now moved to the internet????? Save America vote Obama out 2012

[starving1968-3]

Another conservative that pretends to be patriotic when it comes to the men and women of the military, yet slams the "public sector" for bankrupting America.

Classic nonsensical hypocrisy.

[wfw3536]

I think it is so funny now the story on the liberal media is Obama mis spoke(have you heard this before) about his bullying of the Supreme Court. Any high school student that studied government knew there was a Supreme Court decision about a 100 years ago where the Supreme Court can kick out a law passed and signed by a president if it does not meet the test that it is constitutional and does not infringe on individual rights. How unpresidential that our president doesn't believe in our checks and balances of government, and our 3 breaches of government.

[starving1968-3]

No one is claiming that Obama misspoke. He said what he thinks, and it's true.

[HolyVoice]

"a Supreme Court decision about a 100 years ago where the Supreme Court can kick out a law passed and signed by a president if it does not meet the test that it is constitutional and does not infringe on individual rights"

That is the big question of our day: Is health care a right? And if having health care is a right of every American, who is going to pay for it? And more importantly, does that make America a Socialist country.

The rub is, when no one is going to get healthcare as a right established by the government, do individual rights still allow Americans to get health care at emergency rooms at no cost? Who pays for that?

[alinrodneyvil]

Why Holder agreed to comply with this request is beyond me. The Administration has no case pending before the 5th Circuit that requires a response from the Justice Department.

[Caliconservative]

Ummm... incorrect. The case before the 5th Circuit is a case brought by hospitals challenging Obamacare. You must only listen to liberal media sources if you didn't know that.