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Good evening I'm Bret -- a federal appeals court says he wants answers by Thursday.
About whether president Obama's attorney general believes the Supreme Court has the authority to overturn a federal law.
A direct response to the president's Rose Garden comments about his health care law Monday.
Correspondent Shannon Bream is here with this late breaking -- getting -- Hi rival today -- -- Republican appointed judges from the fifth circuit heard arguments in the case challenging -- provision of the Affordable Care Act.
This is something separate from what pending now before the Supreme Court a tortured by the courtroom tell me that federal judge Gary Smith looked directly at the attorney for the Justice Department and -- Whether her boss believes unelected judges have the right to strike down federal laws.
The judge that he wants a letter directly from attorney general Eric Holder answering that question on his desk by noon on Thursday.
Is on those who would overturn.
A law like this.
Recognizing the fire storm hit Monday remarks about an unelected group of people overturning the health care law ignited President Obama made a fresh attempt today to emphasize the notion that the judicial branch should respect the work of the legislative branch in most cases.
I expect the Supreme Court actually to.
To recognize that and to abide by.
Well established precedents after mr.
Obama's friction with.
The court is nothing new having publicly scolded the justices the -- twenty Kent State of the Union Address it's a posture that seems to closely mirror president Franklin Delano -- frustration with the Supreme Court.
After the justification -- mimicking ambitious government programs he crafted during the 1930.
He threatened to add six new seats to the court packing it with justices -- -- kids ideology.
But I will appoint justices who will not undertake to override the judge.
-- to -- congress on legislative policy.
The court packing scheme never materialized.
It was -- -- -- president Harry S Truman who exhibited the deference more common among US president.
In 1952 just hours before steelworkers were set to strike across the US.
Truman nationalize the industry a fight that went all the way to the Supreme Court.
Before the court had ruled a reporter after Truman -- he would accept the court's decision he replied of course I would of course I would.
The reporter continued well then as far as you're concerned the system of checks and balances goes on unimpeded.
Truman replied -- certainly unimpeded I have no ambition to be it dictator.
-- ultimately lost that battle more recently president George W.
Bush also refused to -- the justices.
As he awaited -- ruling regarding the rights of terror suspects being held at Guantanamo Bay.
We will file says the court claims once a Supreme Court makes its decision.
As to whether or not.
That is to the proper venue for these trials and -- -- our Supreme Court.
-- offset by when the Supreme Court struck down the administration's plan to use military commissions to try detainees in respond.
Congress then passed the military commissions act of 20062.
Years later the Supreme Court threw it out.
-- 1789 the court has found more than 150 congressional -- to be unconstitutional.
-- more on this topic but the panel and with white house Press Secretary Jay Carney and.
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