I hear from a reliable source that USDoJ has decided not to file an amicus brief in support of Florida in the juvenile LWOP cases, Graham and Sullivan. A decision going the wrong way in these cases would preclude the application of federal law to sentence a future juvenile terrorist to LWOP if he did not succeed in actually killing anyone. The SG has a duty to defend the constitutionality of acts of Congress as long as a reasonable defense can be made, and the current SG promised in her confirmation hearing to honor that commitment.

Perhaps DoJ is just too busy. They have more important things to do, such as prosecuting the people who gathered the intelligence that prevented a second terrorist attack in the (almost) 8 years after 9/11/01.