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Re: Another Important Case


Andy, I’ve never really understood what good purpose is served by having the Justice Department’s default position be to defend the constitutionality of challenged federal laws. Is the theory that this practice somehow makes the department’s decisions less political than defending laws based on an independent judgment of their constitutionality? It seems to me that if (work with me on this hypothetical) we got a libertarian president in 2013, we would not want his Justice Department to feel obligated to defend, say, McCain-Feingold in court.


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