Re: Olson on ‘Disappointing Attack On Our Independent Judiciary’
Ted Olson has it wrong. I suppose that it’s not surprising that someone who is pressing to have the Supreme Court invent a constitutional right to same-sex marriage would like to promote the myth that criticism of the Supreme Court amounts to an attack on its independence. But anyone who recognizes that we have a system of separated powers rather than one of judicial supremacy ought to accept that it’s entirely proper and healthy for a president to engage in responsible criticism of a Supreme Court decision. (See Abraham Lincoln on Dred Scott.) What’s objectionable about President Obama’s criticism is that it was demagogic mendacity.