Duke Loses at Basketball and Law

The Duke Law School Blog just coughed up this airball:

“Whatever else we might say about the signing statement that President Obama issued, each of its objections could be raised by a President who disagrees with [the] expansive theory of presidential power that the Bush Administration accepted.”

That shot is rejected by a review of the objections Obama raised. No doubt Obama describes his expansive theory of presidential power in different words than Bush’s VP’s lawyers did, but his signing statement works the same way Bush’s did. Taking something that we understand in practice and awaiting a description of it in theory is like trying to win a basketball game on the plane ride home.

Leave a Reply

Your email address will not be published. Required fields are marked *