(multimedia) The Obama Justice Department has roughly 24 hours to explain to a federal appeals court whether the administration believes judges have the power to overturn federal laws — in the latest escalation between the two branches of government over the federal health care overhaul.
A three-judge panel for the 5th Circuit Court of Appeals on Tuesday ordered the Justice Department to explain by Thursday at noon whether the administration believes judges have that authority. The challenge came after President Obama cautioned the Supreme Court against overturning the health care law and warned that such an act would be “unprecedented.”
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 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 Department 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 Department attorney Dana Lydia Kaersvang answered “yes” to that question.
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