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And that's not a small matter. >> reporter: no it's not. the appellate court was referring of course to the president's statement on monday in which he seemed to argue that the supreme court had no right or authority to strike down an act of congress. >> ultimately, i'm confident that the supreme court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected congress. >> reporter: of course reviewing the constitutionality of laws passed by congress is one of the primary duties of the high court, the v...

Years of supreme court precedent with regard to matters like the one under consideration. >> reporter: holder saying he would respond appropriately. that is due at 1:00 today. we'll see exactly what he writes. bill: what are the critics saying about this controversy, steve? >> reporter: they're saying the president overstepped his bound and the supreme court struck down many laws in the past here is one legal expert on that. >> the judge raised and panel raised legitimate question, the administration leader, president of the united states has challenged the ability of the courts to declare an ...

Was appropriate. he indicated that we obviously respect decisions that courts make under our system of government, and since marbury versus madison, 1803, courts have the final say on the constitutionality of stat statutes. but courts are also fairly differential when it comes to overturning statutes that congress has passed. it's been examined by a number of courts and held constitutional by a number of courts, including by a couple of very prominent conservative jurists. >> there is less than 14 hours to meet the court's deadline. what should the obama administration be doing? karl rove is h...

Be unprecedented and extraordinary for the unelected justices of the supreme court to strike down an act of congress which, of course, as you point out is the very function and duty of the high court. even the president's attorney general, eric holder, admitted that's not correct. take a listen. >> we, obviously, respect decisions that courts make under our system of government, and since marbury v. madison, i think it's back in 1803. courts have the final say. >> reporter: well, it was the famous marbury v. madison case that firmly established the right of judicial review by federal courts, e...