Magazine April 30, 2012, Issue

On Judicial Review

Taking the Supreme Court to task, April 2, 2012 (Oliver Douliery/MCT/Newscom)
President Obama seems to understand it poorly

It’s a good thing that President Barack Obama was not writing his law-school exams when he attacked judicial review. The administration is reeling from the Supreme Court’s tough questioning of its signature legislative achievement, the Patient Protection and Affordable Care Act. Rather than await the decision, as past presidents have done when facing high-court scrutiny, Obama decided to attack preemptively with error-filled claims about the place of judicial review in our constitutional system — claims that would have earned him a failing grade at the University of Chicago Law School, where he taught, and Harvard Law School, where he studied.


John Yoo is the Emanuel S. Heller Professor of Law at the University of California at Berkeley, a visiting scholar at the American Enterprise Institute, and a visiting fellow at the Hoover Institution at Stanford University. He is the author of Defender-in-Chief: Donald Trump’s Fight for Presidential Power.

In This Issue



Books, Arts & Manners



The Latest