The Obama administration lawyers met their deadline and filed a three-page, single-spaced letter -- following the specific instructions of the 5th U.S. Circuit Court of Appeals, which is hearing a challenge to the health care law. The letter affirmed the government's stance that federal courts indeed have the authority to decide the constitutionality of the Affordable Care Act -- and any other law Congress passes.
Despite the President's statement to the nation on April 2nd that it would be "unprecedented" for the Supreme Court to overturn the ObamaCare law as being unconstitutional, Attorney General Eric Holder was forced to admit in papers filed with the 5th Circuit Court of Appeals that "The power of the courts to review the constitutionality of legislation is beyond dispute." Read more here
Attorney General Eric Holder went on to state "We respect the decisions made by the courts since Marbury v. Madison," Holder said Wednesday, referring to the landmark 1803 case that established the precedent of judicial review. "Courts have final say." Read more here.
White House Press Secretary Jay Carney seemed to re-write the President's statements of April 2nd when Carney stated: "What he [Obama] did was make an unremarkable observation about 80 years of Supreme Court history," Carney said Wednesday. He went on to say, "It's the reverse of intimidation."
Jay Carney tries hard to explain away the President's statements
A link to the Court's request for the three-page letter is available here. 5th-CA-order-on-DOJ-letter.pdf
A link to the actual three-page letter filed with the Court is available here. Letter the 5th Circuit Court
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