I Will Not Question Marbury v. Madison

Judge Jerry Smith (R) of the U.S. Fifth Circuit Court of Appeals has ordered the Department of Justice to do an unusual homework assignment: present him with a three-page single spaced letter specifically addressing the position of the Attorney General and DOJ the authority of the federal courts to conduct judicial review. The "tantrum" or "brave take on the left" depending upon your viewpoint, has legal scholars scratching their heads as to whether DOJ would have to comply. So far, Attorney General Holder has indicated that DOJ will "respond appropriately."
posted by Leezie on Apr 4, 2012 - 277 comments