.....and I, in my woeful ignorance, thought that Leftists actually like judicial activism.
While Obama excercised just a tiny bit of discretion on his Supreme Court nominees, he apparently is not happy with other people's "unelected" Justices.
"Specifically, Obama argues that the Supreme Court deciding in such a way would be an “unprecedented” example of “judicial activism” undertaken by “unelected” judges."
“Ultimately, I am 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 have 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,” Obama said.
“Well, this is a good example, and I’m pretty confident that this court will recognize that and not take that step,” he said.
“The point I was making was that the Supreme Court is the final say on our Constitution and our laws and all of us have to respect it, but it’s precisely because of that extraordinary power that the Court has traditionally exercised significant restraint and deference to our duly-elected legislature, our congress. And so the burden is on those who would overturn a law like this.
“Now, as I said, I expect the Supreme Court to actually recognize that and to abide by well-established precedents out there.”
While struggling to connect his thoughts, he went on to say he is not getting contingency plans ready because he expects the law to be upheld:"
"A three-judge panel for the 5th Circuit Court of Appeals on Tuesday ordered the Justice Department to explain by Thursday whether the administration believes judges have the power to strike down a federal law.
A source inside the courtroom, who did not want to be identified, confirmed the incident to Fox News. The testy exchange played out during a hearing over a separate challenge to the health care law. It was apparent, however, that the justice who questioned the government attorney present was referring to Obama's recent comments about the Supreme Court's review of that law.
The source said the justice, Judge Jerry Smith, was pointed in his questioning of the government attorney, asking whether Attorney General Eric Holder believes judges can strike down federal laws.
Smith then ordered a response from the department within 48 hours. The related letter from the court, obtained by Fox News, instructed the Justice Department to provide an explanation of "no less than three pages, single spaced" by noon on Thursday."