Constitutional Law

Holder Backs Obama's 'Judicial Activism' Remark, Says DOJ Will Give 5th Circuit Judge Required Memo


At a press conference Wednesday in Chicago, U.S. Attorney General Eric Holder backed public comments by President Barack Obama concerning a challenge to his health care initiative that is currently being considered by the U.S. Supreme Court.

Holder called Obama’s remarks about “judicial activism,” which resulted in a demand by a federal appellate judge hearing another health-care case that the Department of Justice immediately write a memo detailing the AG’s views on the courts’ power to overturn unconstitutional laws, “appropriate,” the Chicago Tribune reports.

He also said that the DOJ will provide a three-page single-spaced memo on the topic by noon Thursday, as required by 5th U.S. Circuit Court of Appeals Judge Jerry Smith. The court is based in New Orleans.

“Courts have the final say in the constitutionality of statutes,” Holder said. “Courts are also fairly deferential when it comes to overturning statutes that the duly elected representatives of the people … pass.”

Earlier coverage:

ABAJournal.com: “Obama Says Overturning Health Care Law Would Be ‘Extraordinary’ Judicial Activism”

ABAJournal.com: “Fed’l Appeals Judge Tells DOJ to Write Memo by Thursday Explaining Obama ‘Judicial Activism’ Claim”

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