For example, the conservative editors of the Wall Street Journal have asserted that Obama rejects the concept of judicial review. In other words, the Wall Street Journal editors contend that Obama does not believe that federal judges can invalidate federal statutes. This, of course, is not what Obama said.
At least one conservative judge has proved that Obama's concern for conservative judicial activism is meritorious. Yesterday, during a hearing in the United States Court of Appeals for the Fifth Circuit, Judge Jerry Smith, a conservative judge (in a very conservative circuit), demanded that DOJ lawyers state by tomorrow whether Obama believes in judicial review. In other words, Judge Smith advanced the distorted rightwing depiction of Obama's comments in open court!
It is bad enough for a judge to raise a deceptive argument in court, but it is even worse for a judge to raise a deceptive argument that is being made in an open partisan political debate. Judge Smith has placed himself on the conservative side of an ongoing political debate. By doing so, he has validated Obama's concerns regarding politically biased judges. By the way, the court was actually reviewing a separate challenge to a part of the Affordable Care Act. I wonder which way it will rule (not really).
For other articles on this issue, see:
Conservative Judge Validates Obama's Concern Over Judicial Activism