Lessons in Constitutional Law

From the former head of the Harvard Law Review and sometimes professor of constitutional law (via CNN transcript):

Ultimately, I’m confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.

And I’d just remind conservative commentators that for years what we’ve heard is the biggest problem on the bench was judicial activism or a lack of judicial restraint, that an unelected group of people would somehow overturn a duly constituted and passed law.  Well, this is a good example.  And I’m pretty confident that this – this court will recognize that and not take that step.

I don’t know what I find more interesting: (1) the belief that the Court overturning a law would be unprecedented; or (2) the attack on the justices as “an unelected group of people.”

Perhaps the next step will be the Judicial Procedures Reform Bill of 1937 2013.

7 thoughts on “Lessons in Constitutional Law

  1. I’m in class with 10% of the Harvard Law Review- they’re not that bright. But boy do they think they are.

    Obama has to use the bully pulpit now because he’s not going to have majorities in both houses next term, even if he is re-elected. He can get the bluster out of the way now while his supporters are angry, but he knows he doesn’t have to do anything about the health care decision because he CAN’T, so he doesn’t have to spend political capital on that.

  2. Marc – I’m curious whether you agree with some commentators out there that Obama may have been leaked Friday’s vote by the Supremes. Do his comments suggest which side they came down on?

    1. The comments were both general and predictable, so I don’t think there is a whole lot of evidence one way or another. I would also imagine that Kennedy has not yet arrived at a conclusion. Nonetheless, the comments were a bit pathetic given Obama’s legal background, more what one would expect of a C student in introduction to American politics than one of the brightest legal minds of his generation 😉

  3. It gets better: http://volokh.com/2012/04/03/obama-on-lochner-v-new-york/

    Didn’t the University of Chicago offer this expert on constitutional law a tenure-track post? Perhaps I should apply for one?! I apparently know more about one of the most important cases in Supreme Court history than someone offered a prime post at one of the best law schools in America. http://www.law.uchicago.edu/media But then again I read the VC regularly and Obama apparently doesn’t or he’d know more about Lochner via Bernstein!

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