Justice Dept. Ordered to Clarify Obama Remarks on Supreme Court Authority

A federal appeals court is striking back after Pres. Obama cautioned the Supreme Court against overturning Obamacare, warning that such an act would be “unprecedented.” A three-judge panel for the 5th Circuit Court of Appeals has ordered the Justice Dept. to explain whether the administration believes judges have the power to strike down a federal law. One justice in particular chided the administration for what he said was being perceived as a “challenge” to judicial authority, referring directly to Obama’s latest comments about the Supreme Court’s review of the healthcare case. The testy exchange played out during a hearing over a separate ObamaCare challenge. It marked a new phase in the budding turf war between the executive and judicial branches. “Does the Dept. of Justice recognize that federal courts have the authority in appropriate circumstances to strike federal statutes because of one or more constitutional infirmities?” Judge Jerry Smith asked at the hearing. Justice Det. attorney Dana Lydia Kaersvang answered “yes.” A source inside the courtroom described the questioning by Smith as pointed.

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