- Associated Press - Thursday, April 5, 2012

WASHINGTON (AP) — In a letter written at the request of a federal appellate judge, Attorney General Eric H. Holder Jr. on Thursday offered assurances that the Obama administration respects the decisions that courts make.

The attorney general wrote the letter after Judge Jerry Smith of the 5th U.S. Circuit Court of Appeals in Texas asked for reassurances that the Justice Department recognizes judicial authority.

Judge Smith made the request after President Obama said this week that it would be “unprecedented” for the Supreme Court to overturn a major law passed by Congress such as the health care overhaul, the constitutionality of which the high court now is considering.

On Tuesday, the judge said he wanted a letter of at least three pages that makes specific references to the president’s statements.

“The longstanding, historical position of the United States regarding judicial review of the constitutionality of federal legislation has not changed,” Mr. Holder wrote.

“The department has not in this litigation, nor in any other litigation of which I am aware, ever asked this or any other court to reconsider or limit long-established precedent concerning judicial review,” Mr. Holder added. He said “the president’s remarks were fully consistent with the principles” the attorney general outlined in the letter.

Judge Smith raised the issue of Mr. Obama’s remarks during oral arguments over a provision in the new health care law that restricts physician-owned hospitals from expanding or building new facilities.

Mr. Holder wrote that where someone bringing a case invokes the jurisdiction of the court and has a valid challenge, “there is no dispute that courts properly review the constitutionality of acts of Congress.”

 

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