bob beckel, andrea tantaros, dana perino and greg gutfeld. it's 5:00 in new york city. this is "the five." ♪ ♪ >> kimberly: the obama administration and the department of justice are on the defense after the president took a sot at the supreme court this week. just this afternoon, attorney general eric holder was forced to respond to a question from the fifth circuit court of appeals after the president said this. >> for year what is we heard is the biggest problem on the bench is judicial activism for lack of judicial restraint. an unelected group of people would somehow overturn a duly constituted and passed law. >> kimberly: the court demanded a letter from the department of justice to clarify whether the administration respects the authority of the judicial branch.