The judges are within the Judicial Branch of Government.
The Attorney General is within the Executive Branch of Government and is by the way "appointed."
Unless I am mistaken (possible after all) I don't believe Eric Holder is the Attorney of Record in the case before the 5th Appellate Court. The Court can demand a response from the attorney for the Government inside the courtroom but I don't believe they have the jurisdiction to order an attorney who is not of record, respond to a demand. Congress can but I don't believe the Court can.
What these judges are demanding is that Holder take a knee before the Court and declare submission to a higher authority. Holder has too much arrogance to do that and will fight it. This is going to lead to a confllict between the Executive Branch and the Judicial Branch that could escalate as never seen before.
I would love to see Holder eat crow but I don't think he has the courage to do so.
Either way we win. Holder/Obama have to cede authority of the Courts or fight to preserve the Presidential monarchy. Either way, it is going to be fun.
edit on 3-4-2012 by Nite_wing because: (no reason given)