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]
Link to Kevin Drum piece:
http://motherjones.com/kevin-drum/2012/04/wingnut-judges-get-two-single-spaced-pages-obama-not-three