Holder: Obama's remarks on judicial review "fully consistent" with precedent

CBS

Updated at 3:21 p.m ET

In response to a request from a federal appellate judge, U.S. Attorney General Eric Holder on Thursday offered reassurance that President Obama respects the Supreme Court's ability to interpret the constitutionality of the nation's laws.

In a three-page letter to appeals court judge Jerry Smith, Holder said recent comments from the president are "fully consistent" with longstanding views of judicial review.

Holder's letter is the latest step the administration is taking to clarify remarks Mr. Obama made this week regarding the Supreme Court's consideration of the 2010 health care reform law. Mr. Obama said Monday that if the law were overturned, it would be "unprecedented."

"Ultimately, I'm 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," Mr. Obama said.

Amid criticism the comments did not accurately reflect the court's role, the president sought to clarify his remarks Tuesday, telling a group of journalists that "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."

The appellate judge nevertheless asked Holder to clarify the president's position on judicial authority.

Referring to the health care case, Holder wrote to Smith, "The Department has not in this litigation, nor in any other litigation of which I am aware, ever asked this or any other Court to reconsider or limit long-established precedent concerning judicial review of the constitutionality of federal legislation."

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Holder went on to explain that Mr. Obama's remarks were in line with the established belief that it is appropriate for the Supreme Court to pay heed to Congress.

"While duly recognizing the courts' authority to engage in judicial review, the Executive Branch has often urged courts to respect the legislative judgments of Congress," Holder wrote. "The Supreme Court has often acknowledged the appropriateness of reliance on the political branches' policy choices and judgments... The courts accord particular deference when evaluating the appropriateness of the means Congress has chosen to exercise its enumerated powers, including the Commerce Clause, to accomplish constitutional ends."

On Thursday, White House Press Secretary Jay Carney said that Mr. Obama was simply making the "unremarkable observation" that since the New Deal era, "there has been a longstanding precedent set where the court defers to Congress and to congressional authority in passing legislation to deal with and regulate matters of national economic significance."

Carney pointed out that health care makes up 15 percent of the national economy, so its national economic significance is not a matter of debate.

In spite of the White House's attempts to play down Mr. Obama's remarks, Senate Republican Leader Mitch McConnell in a speech today charged that they amounted to the beginning of "a political campaign to delegitimize the Court."

"He looked at the line that wisely separates the three branches of government, and stepped right over it," McConnell said at the Lexington, Kentucky Rotary Club. "But what the president did this week went even farther. With his words, he was no longer trying to embarrass the court after a decision; rather, he tried to intimidate it before a decision has been made. And that should be intolerable to all of us."

When asked Thursday whether Mr. Obama would mount a political attack against the court should it overturn the health care law, Carney said, "The president believes that the Supreme Court has the final word on matters of judicial review on the constitutionality of legislation. He would, having been a professor of law."

[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-

[ATAT8080]

We should be lowering health costs, not increasing insurance.
The more insurance there is, there simply will be ever higher costs.
Instead of a $1200 ten minute doctor visit, it'll be $2400.
"$2400??? We need MORE insurance!"

Not more insurance. We need lower costs.
"Emergency rooms" cost too much, period.

It's a racket promoted by the doctors guild who bribe our lawmakers to limit medical access.

If nurses and pharmacists could prescribe non-addictive drugs in simple cases, insurance costs would fall dramatically.

Let's sue doctors who order too many and too expensive tests.

Not more insurance, that just makes the problem worse and nobody looks at the bills.

[seenoland]

"Constitutional "Professor"??!! In a pigs eye. The guy did a few lectures then proclaimed himself a "professor". next he'll brush his teeth and say he's a dentist.

[TimeToEvolve]

Republiclown who were all for the federal health care mandate have no problem with 50,000,000 Americans without health care. They truly are a sick and twisted bunch and a danger to humanity.

But we can do something about it if we unite. Urge all to join the 99% Spring next week at a town near you. This will be training in non-violent direct action which is highly effective method for change.

[nottblu]

look idiot, nobody is happy about 50 million without healthcare as you would put it. You should know that anyone regardless of insurance or status can seek treatment and get it. Taxpayers are footing the bill and always have. You should also know you are in no way part of the 99%, most americans, the majority read your posts and rolltheir eyes, the false nonsense you spew day in and day out is just that pure crapp, try getting a life that is not emearsed in false propoganda and lies. it's your only hope.

[stormerF69]

Why did the Democrats take 500 billion from Medicare if they are so caring? The 50,000 not 50 million just maybe do not want to pay for health care?

[TimeToEvolve]

Of course Republicons are hypocrites. When you have no plan, run on the same platform of failed Reaganomics and represent only the rich white men of America, you HAVE to deflect attention.

Case in point Robmee, a plastic, parasitic puppet diversion to deflect attention from rampant voter fraud, voter disenfranchisement and bribery and corruption to appoint Republicons to Congress and state offices.

And the reason you know that this is true is that the hypocrite Republicons blame others for doing what they are. Don't pay attention to what I do, only what I say.

[dadrees-2009]

if the current supreme court is so obviously above reproach why do we have to live with citizens united,an obvious republican attempt to negate union support for the democratic party?
is clarence thomas's wifes' roll in anti- health care reform the posiyion of an unbiased justice? why hasn't he recusec himself from this case?
our supreme cout is bought and paid for by the one percenters who truely rule this corporation we call the united states of america.

[marychgo]

Sorry, folks, but Obama's statement was factual. In a string of precedents since the 1930s, the Court has held that the Constitution gives Congress broad leeway in how it selects "necessary and proper" approaches to deal with problems affect interstate commerce. That's why the very conservative DC Circuit justice Lawrence Silberman found PPACA constitutional -- and was critical of the conservatives who brought the case against it. There's nothing "new" here -- and nothing unconstitutional, either!

[marychgo]

"affecting interstate commerce" -- sorry!

[occupy_cbs]

Dan1630: "If we cut all of the programs like SS/MC/MA we can cut Corporate taxes to almost zero."




Great danny boy the ultra-religious conservitard -- then we'll have multi-national corporations sitting on even bigger piles of cash while the streets are littered with the poor and elderly.

Why do you hate your fellow Americans so much?

[realtimecoffee]

The error in your theory is that corps make no profit from people who have no assets. And drop the hate thing. It does not work.

[slatep]

Holder is ust trying to deflect what Obama said about the courts and himself.

Next he will be trying to convince them the moon is made of green cheese.

[realtimecoffee]

Oh don't be silly. Everyone except Methodists agrees the moon is made of Camembert.

[rwsmith29456]

Get Obama AND his cronies out of there before we are all ruined.

[slatep]

All of us should write in Ron Paul.