I'm not sure if this story has any legs, from the left or right, but I did see one followup story that I thought echoed some of the comments I made yesterday.
Jerry Smith’s Obama rebuke questioned by legal experts
John Jeffries, the former dean of the University of Virginia School of Law and constitutional law professor, told Yahoo News in an email that he finds Smith's behavior "odd."
"I know and respect Judge Smith...But I am surprised to see a request to the Justice Department asking them to explain their views on judicial review," said Jeffries, a former clerk to Supreme Court Justice Lewis Powell. "My position would be that judicial review is judicial review, whether you like it or not."
Other scholars concurred. University of Chicago Professor Geoffrey Stone told Yahoo News in an email that Obama wasn't actually questioning judicial review, but was cautioning the judges to remember the other branches of government. "Judge Smith's response was, in my view, quite inappropriate," he said. "It was an unmistakably political act that was well beyond the proper bounds of the judicial role."
And Vanderbilt Law Professor Brian Fitzpatrick, a former clerk to Justice Antonin Scalia, told Talking Points Memo that though he doesn't think Obama's bellicose statements are particularly accurate, "the president is a politician. He's allowed to be cute. Federal judges are supposed to be above that."
But the attorney general under George W. Bush, Michael Mukasey, defended Smith on Fox News Wednesday. "When the president calls [judicial review] into question, the court has, it seems to me, every obligation to sit up and take notice," Mukasey said, according to the Hill.