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US attorney general says courts have 'final say'

Posted: Apr 4, 2012 12:34 PM by AP

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CHICAGO (AP) - U.S. Attorney General Eric Holder says the Justice Department will respond "appropriately" to a federal appellate judge in Texas who demanded a letter recognizing the authority of the federal courts to strike down laws passed by Congress.

Holder made his remarks at a news conference in Chicago on Wednesday, a day after 5th U.S. Circuit Court of Appeals Judge Jerry Smith questioned President Barack Obama's remarks earlier in the week about an "unelected" court possibly striking down his health care overhaul.

Smith asked the Justice Department for a three-page, single-spaced letter affirming the federal court's authority.

Holder defended the president's remarks and acknowledged the courts have "the final say." Holder says he's confident that the Supreme Court will find the Affordable Care Act constitutional.

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