Last week, the Fifth U.S. Circuit Court of Appeals demanded a written explanation from the Obama administration as to what it saw as the court’s role in reviewing acts of Congress. Most reports suggested a much more deferential tone from Attorney General Eric Holder than we heard from President Obama just a few days earlier.
But Grace-Marie Turner of the Galen Institute says that’s not the case. Turner says Holder stated the obvious in the beginning of the letter that the courts can strike down congressional resolutions, but the rest of the letter seemed to echo Obama.
She explains why the administration’s written position still seems to be an attempt to intimidate the court – an effort she says seems to be failing given the soaring approval ratings for the court.
Turner also reveals why she’s even more optimistic that the individual mandate and possibly the entire health care law could be overturned.