I Wish They Had Sought Recusal

Text of DOJ Letter to 5th Circuit Panel in Phvsician Hospitals of America v. Sebelius.

This letter is a temperate reply to the intemperate request by Judge Jerry E. Smith. I think Judge Smith’s impartiality could reasonably be questioned after his outburst. Cf. 28 USC § 144.

Update: Kevin Drum exposes the contempt of court hidden in plain sight in the DOJ letter. [link fixed, sorry]

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