AG Eric Holder's Letter to the Fifth Circuit on the Court's Authority to Rule on Obamacare

By Kevin Fayle on April 05, 2012 | Last updated on March 21, 2019

During oral arguments in a Fifth Circuit case challenging the constitutionality of the Affordable Care Act, the court asked the Department of Justice about its views on the authority of courts to review Acts of Congress.  The request came after President Obama stated his belief that the Supreme Court should uphold the Affordable Care Act.  In his response, Attorney General Eric Holder states that the power of courts to review the constitutionality of legislation is so firmly established that it is "beyond dispute."  Holder also reminds the circuit justices of Supreme Court precedent holding that Acts of Congress are "'presumptively constitutional,'" and states that President Obama's remarks were "fully consistent" with those principles.
AG Eric Holder's Letter to Fifth Circuit on Court's Authority to Rule on Obamacare
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