The DOJ just filed its letter to the 5th Circuit Court of Appeals affirming the authority of federal courts to rule on the constitutionality of congressional laws. The letter was signed by Eric Holder, and says in pertinent part:
The longstanding, historical position ofthe United States regarding judicial review of the constitutionality of federal legi slation has not changed and was accurately stated by counsel for the govenm1ent at oral argument in this case a few days ago. The Department has not in this litigation, nor in any other litigation of which I am aware, ever asked this or any other Court to reconsider or limit long-established precedent concerning judicial review of the constitutionality of federal legislation….
The President’s remarks were fully consistent with the principles described herein.