DOJ Backs Obama, But Says Court’s Judicial Review Power Is ‘Beyond Dispute’
Attorney General Eric Holder sent a letter to the 5th Circuit Court today as requested.
William Jacobson posted the letter.
The last line was a real laugher.
The longstanding, historical position ofthe United States regarding judicial review of the constitutionality of federal legi slation has not changed and was accurately stated by counsel for the govenm1ent at oral argument in this case a few days ago. The Department has not in this litigation, nor in any other litigation of which I am aware, ever asked this or any other Court to reconsider or limit long-established precedent concerning judicial review of the constitutionality of federal legislation….
The President’s remarks were fully consistent with the principles described herein.