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Tonight’s Campus Question
Yesterday President Obama clarified his remark that overturning the Affordable Care Act would be “unprecedented,” saying the Supreme Court has not overturned a law regulating commerce since the New Deal era. Still, Fifth Circuit Judge Jerry Smith replied by demanding a “three-page, single-spaced letter” from Attorney General Eric Holder on whether federal courts had the authority to overturn acts of Congress, despite the fact that a DOJ lawyer agreed in oral argument that the courts have such authority. Do political tantrums undermine the legitimacy of our federal courts?