ABA Journal:  In response to a “judicial activism” comment by President Barack Obama, since clarified, about the health care law currently being reviewed for constitutionality by the U.S. Supreme Court, a federal appeals court judge overseeing a different health-care case has called for the Department of Justice immediately to provide a three-page single-spaced memo.

It should detail both the DOJ’s position and the views of U.S. Attorney General Eric Holder “in regard to the recent statements by the president, stating specifically and in detail in reference to those statements what the authority is of the federal courts in this regard in terms of judicial review,” said Judge Jerry Smith of the New Orleans-based 5th U.S. Circuit Court of Appeals during a Tuesday hearing, the Wall Street Journal Law Blog reports.

Continue reading federal appeals court demands DOJ explain Obama’s “judicial activism” comment.

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