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It may come down to how the president is trying to spend these monies. in particular he's asking for wants to spend $3.6 billion from military construction projects. but to do that, according to stat statutes, he would have to demonstrate that the military is needed. so it remains to be seen. some of these suits could be thrown out. they will need to demonstrate that there is harm done to them, including to those states. they argue, among others, the environmental damage here. but the bottom line is the white house is putting out a series of tweets this morning. the first one said, as i predic...

Now within attorney general's holder's hands to sort of let this controversy die away. if he provides a document tomorrow that is not confrontational that's correct is deferrening, that goes out of its way to be responsive to justice smith -- judge smith's request, then this issue will starting to away. but if he's defiant, if he attempts to sort of find a way to needle either judge smith or the united states supreme court in it, it will simply make of the controversy last longer. >> i have a different view of this. i think what happened was down at 5th circuit is the court obviously was angry...

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...

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...