Texas judge confronts Obama administration over 'judicial restraint' statement

A federal judge in Texas is demanding that the Department of Justice clarify whether President Obama's dig about "judicial restraint" means the administration thinks the Judicial Branch has no right to overturn unconstitutional laws.

Fifth Circuit Judge Jerry Edwin Smith, a Reagan appointee, is part of a three-judge panel hearing a lawsuit challenging the law's restriction on physician-owned hospitals. During oral arguments Tuesday, Smith demanded that Attorney General Eric Holder send him a three-page, single-spaced letter by noon Thursday explaining what Obama meant when he said Monday that ruling against his health law would be an "unprecedented" act of judicial activism.

"What he said was, 'I want to hear from the attorney general what he believes to be the power of a federal judge to consider federal laws,' " a lawyer involved in the case told The Hill. "I'm reading between the lines that that was a reaction to the press statements yesterday by the president."

"Judge Smith did say a lot of his colleagues in the judiciary weren't very pleased with the public comments they heard and they wanted them clarified," the lawyer said. "He was saying, 'two can play at that game.' "

Smith's office did not return a call for comment.

Obama's remarks caused a firestorm of criticism on the right. On Tuesday, the president tempered his remarks and said he would respect whatever decision the high court hands down.

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