Quantum Windbag
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- May 9, 2010
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Not often I can actually back up my opinion by pointing to an expert that agrees with me, so I will just gloat.
The Volokh Conspiracy » ABA President’s Statement on President Obama’s Remarks on Judicial Review
Re: President Obamas remarks on upcoming U.S. Supreme Court ruling on national health care
President Barack Obamas remarks on Monday speculating about the Supreme Courts potential decision in the health care legislation appeal are troubling. Particularly worrisome was his suggestion that the courts decision in this case could serve as a good example of what some commentators have cited as judicial activism or a lack of judicial restraint by an unelected group of people.
Were gratified that the president recast his remarks Tuesday. He clarified appropriately that the Supreme Court is the final say on our Constitution and our laws, and all of us have to respect it.
Federal judges are, by design, not elected officials. Article II of our Constitution reserves for the president the authority to appoint Supreme Court justices and all other officers of the United States with the advice and consent of the Senate. In fact, President Obama himself has offered more than 123 nominations for Article III judgeships, including two lifetime appointments to our nations highest court.
The Volokh Conspiracy » ABA President’s Statement on President Obama’s Remarks on Judicial Review