Obama invents`conservative’ judicial activism

April 29, 2010 06:01


President Barack Obama, preparing to make his second nominee to the Supreme Court, warned Wednesday of a “conservative” brand of judicial activism. “Conservative” judicial activism might consist of the Court striking down Obama’s unconstitutional power grabs.

By BEN FELLER at TownHall.com


President Barack Obama, preparing to make his second nominee to the Supreme Court, warned Wednesday of a “conservative” brand of judicial activism in which the courts are often not showing appropriate deference to the decision of lawmakers.

Obama made clear that his views on judicial restraint are not the only basis he will use in choosing his next nominee for the high court, a decision expected over the next few weeks.

But his comments underscore just how much he thinks courts are being vested with too much power and are overruling legislative will, a factor that will influence his nominee choice.

Obama already has openly criticized the Supreme Court for a January ruling _ one led by the court’s conservative members _ that allowed corporations and unions to spend freely to influence elections. Obama has vowed to replace retiring Justice John Paul Stevens with a like-minded justice who will not let powerful interests crowd out voices of ordinary people.

On Wednesday, when asked about judicial activism as he spoke with reporters aboard Air Force One, Obama spoke of judges who ignore the will of Congress and the democratic process, imposing judicial solutions instead of letting the political process solve problems.

“In the ’60s and ’70s, the feeling was, is that liberals were guilty of that kind of approach,” Obama said. “What you’re now seeing, I think, is a conservative jurisprudence that oftentimes makes the same error.”

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