The work of Federal judges from the days of John Marshall to the present, like the work of the English common-law judges, sometimes requires the exercise of judgment--a faculty that inevitably calls into play notions of justice, fairness, and concern about the future impact of a decision.
Leahy emphasizes the importance of judicial discretion and judgment in legal decisions.
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Congress was the original classification authority (OCA). It let that power essentially slip away to the Executive Branch.
On February 23rd of this year, Senators Schumer and Coburn and I wrote you a letter commending your decision to sever ties with the Council on American-Islamic Relations, CAIR.
I can say with absolute certainty that the proposed rules directly conflict with the legislation on a variety of matters, especially on provisions that limit access to the PTAB.
Do not turn your material, do not turn your reports over to the Executive Branch and let them tell you what is or is not classified.
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