Power of Attorneys

Unlike Congress, presidents of both parties actively promote their executive prerogatives in court. The executive branch benefits from the approximately 10,000 attorneys at the Department of Justice who regularly participate in litigation defending the President?s actions. Although the Department of Justice generally makes principled and legally sound arguments, it should not be mistaken for an impartial third party. It is headed by presidential appointees, such as Attorney General Eric Holder, who serve at the pleasure of the President, and who understandably promote executive branch interests over those of Congress. These lawyers are some of the best and brightest legal minds in the country, and their carefully vetted legal arguments are highly valued by federal judges. This is particularly true in the U.S. Supreme Court, where the Justice Department participates in more than 75 percent of the cases each term, winning 60 to 70 percent of the time and playing an influential role in the Court?s selection of cases.

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