I agree. Holder did not do what Judge Smith requested, which was to specifically address the substance of Obama’s statement. Listen here http://www.ca5.uscourts.gov/OralArgumentRecordings.aspx?prid=257724 at 17:50 into the oral argument.
“Holder did not do what Judge Smith requested, which was to specifically address the substance of Obama’s statement.”
He also said it needed to be at least 3 pages, single-spaced, no less. So Holder essentially said FU in both substance and form to this request.