Fifth Circuit Order to Obama

Janet Alexander jca at stanford.edu
Fri Apr 6 09:12:11 PDT 2012


I think this is reading too much into the formatting. No one ever 
assumes that "3 pages" means "3 full pages to the bottom margin." Why 
would Holder subtly dis the 5th Circuit when the letter itself does not?

On 4/6/12 8:45 AM, Cohen,David wrote:
>
> And, as I pointed out when I showed the letter to my students in class 
> today, although it does in fact run two-and-a-half pages, with the 
> lengthy salutation header on the first page and the signature block on 
> the last page, it's really less than two pages of substance.  It 
> reminded me of the high school me who, faced with a writing assignment 
> that had to be 8 to 10 pages long, would write 7 pages and 2 lines.
>
> Holder is clearly toying with Judge Smith with this response.
>
> David
>
> David S. Cohen
>
> Associate Professor of Law
>
> Earle Mack School of Law at Drexel University
>
> (215) 571-4714
>
> *From:*conlawprof-bounces at lists.ucla.edu 
> [mailto:conlawprof-bounces at lists.ucla.edu] *On Behalf Of *Josh Chafetz
> *Sent:* Friday, April 06, 2012 10:17 AM
> *To:* Mitch Berman; Edlin, Douglas; Marty Lederman; Chambers, Hank; 
> conlawprof at lists.ucla.edu
> *Subject:* RE: Fifth Circuit Order to Obama
>
> It is, perhaps, worth noting that Holder's letter is only 
> two-and-a-half pages long.  Was that a subtle response to precisely 
> this point?  After all, it leave the Fifth Circuit panel with the 
> options of either (a) accepting the shorter letter, or (b) seeming 
> /really/ juvenile by picking another fight over letter length ...
>
> ----------------------------
>
> Josh Chafetz
>
> Associate Professor of Law
>
> Cornell Law School
>
> 208 Myron Taylor Hall
>
> Ithaca, NY  14853
>
> 607-255-1698
>
> josh-chafetz at lawschool.cornell.edu 
> <mailto:josh-chafetz at lawschool.cornell.edu>
>
> http://www.lawschool.cornell.edu/faculty/bio.cfm?id=341  || 
> http://ssrn.com/author=493567
>
> *From:*conlawprof-bounces at lists.ucla.edu 
> [mailto:conlawprof-bounces at lists.ucla.edu] *On Behalf Of *Mitch Berman
> *Sent:* Friday, April 06, 2012 10:12 AM
> *To:* Edlin, Douglas; Marty Lederman; Chambers, Hank; 
> conlawprof at lists.ucla.edu
> *Subject:* RE: Fifth Circuit Order to Obama
>
> Sorry if I've missed discussion on this particular point, but . . .
>
> "no _fewer_ than three pages"?!  WTF. Suppose a letter that had said 
> nothing more than "The President and the Department of Justice 
> absolutely and unequivocally accept the authority of federal courts to 
> review legislation for constitutionality, and that judicial 
> declarations of unconstitutionality are binding (subject to appeal)."  
> Or something much along those lines.  Is there any reason to believe 
> that should not have satisfied any judge who sincerely believed that 
> President Obama's comments threw those propositions into doubt?  For 
> Judge Smith to demand that the letter satisfy a _minimum_ length 
> requirement looks to me like bullying plain and simple.
>
> Mitch Berman
>
>
>
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