Washington, 5 APR (EFE).-the U.S. Government was forced today to acknowledge, in writing, that federal courts have the authority to revoke laws that violate the Constitution in the country.
Is a clarification required after some controversial statements by the President Barack Obama that seemed to question the legitimacy of the judges “unelected” Supreme Court to review, and to eventually repeal, reform health 2010.
A panel of three judges of the fifth Court of appeals, based in New Orleans, Louisiana, had given term until today that the Department of Justice explained its official position and to recognize the role of judicial review.
The Attorney general of the United States.UU., Eric Holder, today met the deadline and, in a letter to the Court, reaffirmed the authority of the federal courts.
“The power of the courts to review the constitutionality of legislation is beyond dispute,” says Holder in the letter.
The controversy between the Executive and the tribunal was generated after that last Monday, President Obama said that he was confident that the Supreme Court would not take the step “extraordinary and unprecedented to repeal a law approved by a strong majority in a democratically elected Congress”.
Was the first time that the American President was publicly silent on the issue before the Supreme Court, and which, according to observers, will have an impact at the polls in November.
Your comments unleashed a barrage of criticism both conservative politicians and legal experts, who interpreted as an attempt to influence the opinion which will issue the Supreme Court next June on the constitutionality of health care reform.
Critics of health care reform stressed that Supreme Court has repealed laws unconstitutional since at least 1803, in the case known as “Marbury v. Madison”.
But on Wednesday, the spokesman of the White House, Jay Carney, explained that in the last 85 years of its history, the Supreme Court has respected the authority of the Congress pass laws “governing matters of national economic importance as the health care”.
Among other things, health care reform, enacted on March 23, 2010, requires the purchase of health insurance for all Americans from 2014, on pain of dealing with the payment of a fine.
In general, the majority of Republicans and Allied conservative groups consider that health care reform is a costly interference by the federal Government on individual rights, while groups of progressive Court ensures that the legislation would facilitate universal medical coverage and reduce the costs of health, among other benefits.
According to the observers, the opinion of the Supreme Court, whatever, will have a direct impact in the November 6 elections, in which Obama plays the re-election. EFE
