Thursday, April 5, 2012

AG Holder Responds to Fifth Circuit Order on Judicial Review

Attorney General Eric Holder today filed his three-page, single-spaced response to the order of the Fifth Circuit (by Judge Smith) the other day asking for the administration's position on judicial review.

The letter is here (thanks to ConLawProfBlog's RR); we posted on the earlier order here.

There are obviously no surprises in DOJ's response; it's simply a short essay on judicial review.  It's not clear that the response complies with the order in two respects, however: it's not at least three pages, single-spaced, and it only mentions President's Obama's comments in passing ("The President's remarks were fully consistent with the principles described herein."). 

But it doesn't matter: This was a meaningless order in the first place, and the administration could well have (and should well have) entirely ignored it.  The AG's response only legitimized this meaningless order and, thus, the courts' ability to bully the administration around to no particular end.  AG Holder's response sets an unfortunate separation-of-powers precedent that the administration should have resisted.


Courts and Judging, Executive Authority, News, Separation of Powers | Permalink

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I find it odd that you would take such umbrage at the court and not at the administration. The president, in a State of the Union Address, makes tawdry and low criticisms of Citizens United while the members of the Supreme Court must sit in silence --- and have no ready forum for reply; the President and AG notify Congress that it will not defend the Defense of Marriage Act because ... well, they say so; the President backs an attempt to lobby the S. Ct. re the healthcare law with protestors outside the court; the President issues a warning to that court using remarkably ignorant (for an erstwhile con law professor --- this is the only compliment for you) assertions --- but it's the 5th Circuit that ought to be ignored and is the "bully."

So you TEACH for a living ....?

Posted by: Zoe Ischuros | Apr 6, 2012 12:50:39 PM

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