◼ Prof. Thom Lambert of the University of Missouri Law School has responded with alarm to President Barack Obama's attack on the Supreme Court and the power of judicial review by recalling his own days as Obama's student at the University of Chicago. - Breitbart's BIG Government
Lambert, who writes for the "Truth on the Market" blog, not only studied under Obama, but also clerked for the federal judge who issued an order yesterday demanding that the Department of Justice clarify whether the government believed courts had the power to overturn constitutional laws.
◼ My Professor, My Judge, and the Doctrine of Judicial Review - Thom Lambert/Truth On The Market
...President Obama taught “Con Law III” at Chicago. Judicial review, federalism, the separation of powers — the old “structural Constitution” stuff — is covered in “Con Law I” (or at least it was when I was a student). Con Law III covers the Fourteenth Amendment. (Oddly enough, Prof. Obama didn’t seem too concerned about “an unelected group of people” overturning a “duly constituted and passed law” when we were discussing all those famous Fourteenth Amendment cases – Roe v. Wade, Griswold v. Connecticut, Romer v. Evans, etc.) Of course, even a Con Law professor focusing on the Bill of Rights should know that the principle of judicial review has been alive and well since 1803, so I still feel like my educational credentials have been tarnished a bit by the President’s “unprecedented, extraordinary” remarks....
◼ Movement Liberals Cannot Credibly Demand Judicial Restraint - The Atlantic
◼ Stripping the political rhetoric out of Obama's preemptive attack on a Supreme Court that would strike down the ACA... - Althouse
◼ DOJ Letter Affirming Judicial Review - Wall St. Journal
BREAKING NEWS: The Justice Department is still of the opinion, after 200-plus years, that federal judges may strike down unconstitutional laws.
As promised, Attorney General Eric Holder today filed a 3-page, single-spaced letter with the Fifth Circuit outlining the department’s views on the concept of judicial review. Actually, the letter is two and a half pages, but let’s hope Judge Jerry Smith rounds up.
During arguments in a health-care case on Tuesday, Judge Smith demanded the Justice Department produce the letter, in light of President Barack Obama’s commenting that the Supreme Court would be taking an “unprecedented, extraordinary step” if it struck down the Affordable Care Act.