Holder’s Letter To The Fifth Circuit Released
You probably recall (unless you’ve been living under a rock for the last week) that the 5th Circuit Court of Appeals demanded that the Department of Justice explain to them exactly what the Obama Administration’s view of judicial review of laws was. Yesterday Eric Holder made a verbal statement about it, but now the letter has been released.
Here’s the money paragraph (misspelling of “Marbury” left intact):
The power of the courts to review the constitutionality of legislation is beyond dispute. See generally, e.g. , Free Enterprise Fund v. Public Co. Accounting Oversight Bd. , 130 S . Ct. 3 138 (20 10) ; FCC v. Beach Communications, Inc., 508 U .S. 307 (1993) . The Supreme Court resolved this question in Marbwy v. Madison, 1 Cranch 137, 177-78 ( 1803) . In that case, the Court held that ” [i]t is emphatically the province and duty of the judicial department to say what the law is.” Marbury, 1 Cranch at 177
The rest of the letter is pretty much spin, trying to explain that Obama wasn’t wrong with his statements earlier in the week, but they pale in comparison to the admission AG Holder was forced to make above. In short, yes, the Supreme Court has the authority to determine if ObamaCare is constitutional or not. That fact on its own must gall Obama and Holder, and having to admit it in writing has got to be even harder to swallow.
Maybe if Obama kept his mouth shut and stayed on the golf course these sorts of situations wouldn’t come up as often.