For CNN.com no less, here:
"[I]t is the task of the Supreme Court to rein in majoritarian legislatures when they go beyond what the Constitution permits.
"This is not, as Obama implies, judicial activism, or political activity on the part of the justices. This is simply, as Hamilton explained, fidelity to the Constitution itself, fidelity to the highest expression of "We the People of the United States," the body whose representatives ratified that Constitution. ...
"Judicial review is not usurpation -- it is the manner in which the rule of law is preserved in this nation. It is certainly true that sometimes courts, and even the Supreme Court, have erred in their interpretation of the Constitution, and some legislative acts that clearly were permitted by the Constitution have been struck down. But if the ACA's individual mandate is rejected, this will be fully within the legitimate exercise of judicial powers. ...
"If, as it should, the Supreme Court declares the individual mandate unconstitutional, it will be reaffirming our traditions, and not usurping them. The president, a former constitutional law teacher, should be ashamed of himself."
