Professor Steven Schwinn Comments on Right-Wing Media Applause of Fifth Circuit Judge’s ‘Highly Inappropriate’ Behavior

April 6 – Media Matters for America

Professor Steven Schwinn quoted

This is an uncommonly silly order—serving no legitimate purpose, interfering with separation of powers, and undermining the credibility and seriousness of the federal courts (or at least the Fifth Circuit)—and the DOJ would do well to ignore it. The President’s statements the other day were plainly not a challenge to the idea of judicial review; they were simply a statement of the administration’s constitutional position on the ACA, already articulated by the SG at oral argument and repeatedly stated by the administration and the President himself in other contexts.

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