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Firestorm over Obama's comments about Supreme Court

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    Did president issue challenge over health care?

  • Duration 3:16
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Good evening I'm Bret -- a federal appeals court says it 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 -- -- today -- panel's Republican appointed judges from the fifth circuit heard arguments in the case challenging a provision of the Affordable Care Act.

This is something separate from what's pending now before the Supreme Court.

A source inside the courtroom tells me that federal judge Jerry Smith looked directly at the attorney for the Justice Department and asked.

Whether her -- believes unelected judges have the right to strike down federal laws.

The judge said he wants a letter directly from attorney general Eric Holder answering that question on his desk by noon on Thursday.

The burden.

Is on those who would overturn.

A law like this.

Recognizing the firestorm his Monday remarks about an unelected group of people -- turning -- 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 case.

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 and he's 2010 State of the Union Address it's a posture that seems to closely mirror president Franklin Delano Roosevelt's frustration with the Supreme Court.

After the justices issued decision -- limit -- ambitious government programs he crafted during the 1930s.

He threatened to add six new seats to the court packing it with justices who shared -- -- ideology.

But I will appoint justices who will mop up the -- to override the judgment that the congress on legislative policy.

The court packing scheme never materialized.

It was Roosevelt's successor president Harry S Truman who exhibited the deference more common among US president's.

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 asked 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 why certainly unimpeded I have no ambition to be a 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 -- the court claims once the Supreme Court makes its decision.

As to whether or not.

That is to the proper venue for these trials and awaiting our Supreme Court.

Bush lost that -- when the Supreme Court struck down the administration's plan to use military commissions to try detainees in -- -- Congress -- passed the military commissions act of 20062.

Years later the Supreme Court throw it out.

Since 1789 the court has found more than 150 congressional acts to be unconstitutional.

Threat.

More on this topic but the panel and with white house Press Secretary Jay Carney and a bit Shannon thank you.

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