FOXNews.com: Court: Think We Can't Overturn Laws?

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Court: Think We Can't Overturn Laws? Apr 3rd 2012, 23:59 A federal appeals court is striking back after President Obama cautioned the Supreme Court against overturning the health care overhaul and warned that such an act would be "unprecedented."  A three-judge panel for the 5th Circuit Court of Appeals on Tuesday ordered the Justice Department to explain by Thursday whether the administration believes judges have the power to strike down a federal law.  A source inside the courtroom, who did not want to be identified, confirmed the incident to Fox News. The testy exchange played out during a hearing over a separate challenge to the health care law. It was apparent, however, that the justice who questioned the government attorney present was referring to Obama's recent comments about the Supreme Court's review of that law.  The source said the justice, Judge Jerry Smith, was pointed in his questioning of the government attorney, asking whether Attorney General Eric Holder believes judges can strike down federal laws.  Smith then ordered a response from the department within 48 hours. The related letter from the court, obtained by Fox News, instructed the Justice Department to provide an explanation of "no less than three pages, single spaced" by noon on Thursday.  All three judges on the panel are Republican appointees.  The Justice Department had no comment when asked about the exchange. Fox News' Shannon Bream contributed to this report.

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