CHICAGO (AP) — U.S. Attorney General Eric Holder said Wednesday that the Justice Department will respond "appropriately" to a federal appellate judge in Texas who demanded a letter recognizing federal courts' authority to strike down laws passed by Congress.

Holder spoke a day after 5th U.S. Circuit Court of Appeals Judge Jerry Smith questioned President Barack Obama's remarks this week about an "unelected" court possibly striking down the president's health care overhaul. Smith, during oral arguments in a separate challenge to the health law, asked the Justice Department for a three-page, single-spaced letter affirming the federal court's authority.

When asked during a Wednesday news conference in Chicago what an appropriate response to Smith would be, Holder said, "I think what the president said a couple of days ago was appropriate. He indicated that we obviously respect the decisions that courts make."

"Under our system of government … courts have the final say on the constitutionality of statutes," Holder said. "The courts are also fairly deferential when it comes to overturning statutes that the duly elected representatives of the people, Congress, pass."

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