In response to President Obama's comments,
Mr. Obama all but threw down the gauntlet with the justices, saying he was "confident" the Court would not "take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress."Fifth Circuit Judge Jerry Smith directed Federal lawyers to provide a three page, single space paper on the Government's position:
"I would like to have from you by noon on Thursday -- that's about 48 hours from now -- a letter stating what is the position of the Attorney General and the Department of Justice, in regard to the recent statements by the president," Smith said. "What is the authority is of the federal courts in this regard in terms of judicial review?"I am not sure I buy into "passed by a strong majority of a democratically elected Congress".
I am looking forward to the paper from DoJ.
I also note that DoJ is being asked to turn this in about 48 hours. That would be in contrast to the three months it is going to take our School Administration to decide how to implement, for the Class of 2016, a directive from the School Committee on dropping class standing as a reported performance factor—going with GPA. That Class of 2016 part just strikes me as bureaucratic delay akin to eventual derailment. Time will tell.
I guess those DoJ Lawyers get paid a lot more. I hope so.
Here is the link to the Althouse blog post and comments.
UPDATE: Wednesday update.
Regards — Cliff