[Texas Eagle]

That's how it seems to me. By not pursuing a case, they have placed themselves in the stead of the Court, which is part of the Judicial branch.

But then, when you are allowed to usurp power assigned to the Legislative branch, what's to stop you from usurping the power assigned to the Judicial?

[Lurking Libertarian]

That's how it seems to me. By not pursuing a case, they have placed themselves in the stead of the Court, which is part of the Judicial branch.

I'm not getting your point. Suppose Private Citizen Joe Blow sues private company XYZ Corp. for violating the Investment Company Act of 1944. The Supreme Court hears an appeal in that case; how is the DOJ "placing themselves in the stead of the Court" if they don't file a brief?