Administration Concedes Courts’ Review Power [View all]
WASHINGTON — The Obama administration stipulated the incontestable to a disgruntled federal court on Thursday, formally declaring that “the power of the courts to review the constitutionality of legislation is beyond dispute.”
President Confident Health Law Will Stand (April 3, 2012)
Attorney General Eric H. Holder Jr., bowing to an unusual demand of the United States Court of Appeals for the Fifth Circuit, in New Orleans, made official the backpedaling of the past few days over remarks by President Obama about the Supreme Court’s coming ruling on the constitutionality of his health care overhaul. Mr. Obama said on Monday that it “would be an unprecedented, extraordinary step” for the court to overturn the law.
Ever since, the White House has been struggling to explain what the president meant. Mr. Obama himself tried to clarify things on Tuesday, explaining that “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.”
The appeals court, where the administration is challenging jurisdiction over an unrelated lawsuit, took the unusual step during oral arguments of demanding a detailed memorandum addressing the executive branch’s view of the judicial branch’s power over the legislative branch’s acts — in short, the separation of powers.