Though I am a few days behind on this, I nonetheless think that the recent 'homework assignment' given to The Justice Department was interesting enough to merit a (very) quick post. For those who haven't been following, Judge Jerry Smith of the 5th Circuit recently requested that the U.S. Department of Justice file a three-page letter discussing the principles of judicial review in light of prior comments by President Barack Obama in which he was critical of the doctrine (at least with respect to this particular court and his signature healthcare law).
Some questioned the wisdom of President (and former Constitutional Law Professor) Obama's comments in the first place. Some questioned the wisdom and/or viability of the resulting judicial request. However, in any case, the DOJ complied, and its response can be found here. Meanwhile, the letter Attorney General Eric Holder might have wished he had written can be found here.
Tip of the hat to ATL and Garrett Epps
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