Contrary to general impression, lawyers are timid souls. When they stand before judges they tremble at the prospect of giving offense, for an offended judge can become a dangerous adversary. There is nothing, however, to stop the rest of us from calling “foul” when a judge has gone too far.
Jerry Smith, a judge of the U.S. Court of Appeals for the Fifth Circuit in New Orleans, directed a U.S. Department of Justice lawyer to write a three-page, single-spaced letter describing the government’s position respecting judicial review., i.e., the power of federal courts to declare acts of Congress unconstitutional.
