Last night’s episode of the Mark Levin Show discussed my article, “The President Cannot Bypass the Courts.” I apologize in advance for some intemperate and inappropriate comments towards my friend and colleague, Will Baude. His new position at the Times is already bearing fruit, as he singlehandedly made virtually every law professor think an issue through a second time. Whether we agree or not (I do not), I applaud the power of this platform.
Levin, who praises me for being a real constitutional law professor, rather than an “adjunct” like President Obama, seems to embrace the notion of judicial supremacy, and is all too happy for federal judges to issue nationwide injunctions that halt unprecedented expansions of federal power. This is significant, as it marks a continuing trend on the right towards a level of comfort with judicial engagement. I will reply later to Kevin Walsh’s thoughtful rejoinder, but for now I will note that the “restraint” line of thinking seems to be on the wane on the right.