Complying with the letter mandate:
As promised, Attorney General Eric Holder today filed a 3-page, single-spaced letter with the Fifth Circuit outlining the department’s views on the concept of judicial review. Actually, the letter is two and a half pages, but let’s hope Judge Jerry Smith rounds up.
During arguments in a health-care case on Tuesday, Judge Smith demanded the Justice Department produce the letter, in light of President Barack Obama’s commenting that the Supreme Court would be taking an “unprecedented, extraordinary step” if it struck down the Affordable Care Act.
It’s basically a short summary of the broadest argument to uphold the law, so they used the demand as an opportunity to get it out there again.