Rather than await the decision on the Affordable Care Act, President Obama decided to attack preemptively with error-filled claims about the place of judicial review in our constitutional system. Judicial review springs from the duty of a court, when deciding a case before it, to enforce the Constitution over a conflicting act of Congress.

Former House Speaker Newt Gingrich knows how to press the Left's soft spots. Even as he fades from the front of the Republican presidential pack, he deserves credit for attacking the judiciary's seizure of power over some of society's most important issues. Choosing new Supreme Court justices will be one...

Congressional leaders are considering a balanced-budget amendment to the Constitution. There are three reasons to suspect that judicial enforcement of a federal balanced-budget amendment would be more problematic than at the state level.

This essay was delivered in December 2003 as the AEI-Brookings Joint Center for Regulatory Studies's 2003 distinguished lecture and now is available for download and purchase.

This essay, delivered as the AEI-Brookings Joint Center for Regulatory Studies’s 2003 distinguished lecture, now is available for download and purchase.

Christopher DeMuth's introduction of Associate Justice Stephen Breyer.

Judicial review of decisions of regulatory agencies, and of statutory enactments with important economic content, presents unique and persistent problems. Sound economic policy requires a balancing of costs and benefits and of demand and supply, and the decisions of regulatory agencies are often technical and complex. Judicial review is usually...

On December 4, Supreme Court Justice Stephen Breyer spoke at AEI about the practical difficulties of applying economic reasoning to judicial decisions.