You probably recall (unless you’ve been living under a rock for the last week) that the 5th Circuit Court of Appeals demanded that the Department of Justice explain to them exactly what the Obama Administration’s view of judicial review of laws was. Yesterday Eric Holder made a verbal statement about it, but now the letter has been released.
Here’s the money paragraph (misspelling of “Marbury” left intact):
The power of the courts to review the constitutionality of legislation is beyond dispute. See generally, e.g. , Free Enterprise Fund v. Public Co. Accounting Oversight Bd. , 130 S . Ct. 3 138 (20 10) ; FCC v. Beach Communications, Inc., 508 U .S. 307 (1993) . The Supreme Court resolved this question in Marbwy v. Madison, 1 Cranch 137, 177-78 ( 1803) . In that case, the Court held that ” [i]t is emphatically the province and duty of the judicial department to say what the law is.” Marbury, 1 Cranch at 177
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