At 1 pm eastern, the Department of Justice handed in the letter demanded by appellate judge Jerry Smith. Smith demanded the three page, single-spaced letter explaining the administration’s position on judicial review in response to President Obama’s remarks on Monday and Tuesday, when he declared that it would be “unprecedented” for the Supreme Court to find limits to government’s power in the Constitution’s Commerce Clause, and rule the individual mandate in ObamaCare unconstitutional. From early reports, Justice has noted that Marbury vs Madison settled judicial review in 1803, and attempted to parse the president’s “unprecedented” remarks to make some sense out of them. The letter should be an interesting read. We’ll post more once we have the letter.
Update: Legal Insurrection has posted the letter. It runs 2 1/2 pages. It does not seem to directly address the president’s comments on either Monday or Tuesday. Perhaps the judge should have demanded that the president himself write the letter.