Holder: “Courts Have Final Say” In Whether Laws Are Constitutional
Attorney General Eric Holder acknowledged Wednesday that the “courts have final say,” and said his department would respond formally to an appeals court order to explain whether the Obama administration believes judges in fact have the power to overturn federal laws.
The attorney general, at a brief press conference in Chicago, made clear the administration thinks they do.
“We respect the decisions made by the courts since Marbury v. Madison,” Holder said Wednesday, referring to the landmark 1803 case that established the precedent of judicial review. “Courts have final say.”
Of course, he’s trying to cover his boss’ tail, because he’s just as much an ideologue as Obama is:
Holder said Wednesday that “we are formulating a response now.” He also described the president’s comments as “appropriate,” saying that while the courts have final say they “are also fairly deferential when it comes to overturning the statutes that the duly elected representatives of the people — Congress — passed.”
And Obama himself is doing a good deal of tail-covering:
“I’m confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress,” Obama said on Monday. “And I’d just remind conservative commentators that for years what we’ve heard is the biggest problem on the bench was judicial activism or a lack of judicial restraint, that an unelected group of people would somehow overturn a duly constituted and passed law. Well, this is a good example. And I’m pretty confident that this court will recognize that and not take that step.”
A strong majority? In the House, the margin of victory was seven (7) votes. That’s only a strong majority to a President that thinks that there’s 57 states.