Remember the homework assignment issued by Judge Jerry Smith of the Fifth Circuit to the U.S. Department of Justice? Earlier this week, Judge Smith ordered the DOJ to file a three-page, single-spaced letter discussing the principles of judicial review, in light of prior comments by President Barack Obama that could be construed as questioning the doctrine.
The response was due today at noon (Houston time) — about 20 minutes ago. It was filed on behalf of the Department by Attorney General Eric Holder.
Let’s take a look, shall we?
We’re calling it a letter rather than a supplemental brief because the letter itself snarkily states that “[t]he question posed by the Court regarding judicial review does not concern any argument made in the government’s brief or at oral argument in this case, and this letter should not be regarded as a supplemental brief.”
In addition, also perhaps reflecting pique by the executive branch, the letter barely runs over into a third page. As you will recall, Judge Smith requested a letter of “at least three pages, single spaced, no less.”
The letter contains three numbered points. In point 1, Attorney General Holder reaffirms the executive branch’s acceptance of judicial review:
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First Panetta says he doesn't need Congressional approval to declare war, which is false. Now this. This admin has no idea what the constitution says. Get him off of that office. He doesn't deserve it.
ReplyDeleteAnd take Holder and Panetta out too. They are just as dumb as their clueless leader.