June 6, 2009

MEET THE NEW BOSS, YADA, YADA:

I’m sure it’s only a matter of time until the ABA denounces as “contrary to the rule of law and our constitutional system of separation of powers” President Obama’s use of signing statements to voice constitutional concerns about legislation he signs into law. See ABA Task Force on Presidential Signing Statements and the Separation of Powers Doctrine, Report at 5 (July 24, 2006) (“ABA Task Force Report”). The President quietly issued another such signing statement on Tuesday, the fourth constitutional signing statement of his young presidency. . . . President Obama has issued more constitutional signing statements than President Bush had at this point in his presidency.

When Bush did it, it was a lawless practice, giving rise to the fierce moral urgency of replacing him with a Democrat . . . who’d do the same thing.

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