I Wish They Had Sought Recusal

Posted on April 5, 2012 by Michael Froomkin

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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