A federal appeals court wants answers by Thursday about whether Attorney General Eric Holder believes the Supreme Court has the authority to overturn a federal law. This comes after President Obama predicted the justices will uphold the health care law and said that overturning the law would amount to judicial overreach.

Shannon Bream reported that a panel of Republican appointed judges from the Fifth Circuit heard arguments in a case challenging a provision of the Affordable Care Act, different from what’s being debated in the Supreme Court right now.

Shannon said according to a source inside the courtroom, Federal Judge Jerry Smith looked directly at the attorney for the Department of Justice and asked, whether Eric Holder believes unelected judges have the right to strike down federal laws. The judge requested a letter directly from Holder answering that question by noon on Thursday.