Right-wing media have been on the attack against President Obama since he responded to a question about the Supreme Court's consideration of the Affordable Care Act by pointing out that conservatives criticize “unelected” judges who engage in “judicial activism” to “overturn a duly constituted and passed law.” As we pointed out yesterday, Obama is correct: conservatives have for years railed against “unelected” judges who rule in ways they dislike.
Today, Fox News digital politics editor Chris Stirewalt found a new angle from which to approach the issue. In an interview with Megyn Kelly, the host of Fox “straight news” program America Live, Stirewalt criticized Obama for pointing out that conservative commentators criticize “unelected” judges, saying: “Now, no offense to Charles Krauthammer and no offense to any of the circuit judges in the country, but they're not the president of the United States.” In fact, former President George W. Bush criticized “unelected” judges who made rulings he thought were incorrect.
And here are remarks Bush gave to the Federalist Society's 25th annual gala, in 2007:
For the judiciary, resisting this temptation is particularly important, because it's the only branch that is unelected and whose officers serve for life. Unfortunately, some judges give in to temptation and make law instead of interpreting. Such judicial lawlessness is a threat to our democracy -- and it needs to stop.
And in 2008, Bush commented that the “concept of a 'living Constitution' gives unelected judges wide latitude in creating new laws and policies without accountability to the people.”