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Sen. Leahy Lectures Chief Justice on Judicial Activism

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    FNC legal analyst Peter Johnson on Sen. Patrick Leahy lecturing Supreme Court Chief John Roberts on judicial activism and the lawsuits over the birth-...

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Joining us now to discuss this and other legal issues that confront the nation -- -- Johnson trial -- to turn Fox News legal analyst.

Great to have you with us you're making my pleasure -- your reaction to -- one of the senior senators.

Basically.

And saying you know this is judicial -- begins its judicial activism if you don't by the way I see a.

I think he said even worse it's a form -- -- intimidation.

Thing it's our way or the highway.

And it's -- -- personal attack and that I'm the Chief Justice.

We expect in this country that the judicial branch hopefully is a bomb.

The -- is above the politics we look for a higher standard the same time.

We look for a higher standard that we're not gonna impose our views on them.

And so you say you don't find the way I wanna find.

If you act as the president did wasted all the Supreme Court they're gonna act and unprecedented way.

It was factually role it was ethically wrong it was totally wrong he walked it back but -- now let's intimidate.

These men and women on this bench they're only men and women.

There there for life.

What -- mortals and they're subject to intimidation yes.

Yes and in in this instance you talked about rising above partisan shift.

But both parties spent much of the fact that the president seeking reelection -- our governor Romney seeking election.

Will have the power to appoint Chief Justice implicitly.

And -- saying this is about partisanship on the court.

Indeed 54 decisions have become the order of the day.

With exceptions it.

In The Who a president appoints is a legitimate.

Electoral issue.

It's not a legitimate electoral issue to delegitimize.

A court.

Or to demonize a quart or chief judge Roberts or anybody else in that court for partisan.

Political reasons and that's what we're seeing.

And if Obama cares overturn which I believe it will partially or fully.

The fear.

Will move to loathing and and and those folks will be vilified.

Nationally and in commercials.

But -- the Catholic Church artists -- be.

Four to three religious minorities is now a total of 23 federal -- -- Are moving against the contraception mandate right and the this.

And the attack on.

Our religious freedom as those -- see -- your reaction.

Well I think you've you've coined it right it is an attack and religious freedom.

It's not about contraception.

And I think cardinal Dolan says it well I'll paraphrase -- and I represent entire bill in the archdiocese so let's have them all you have still -- and -- cleared.

He's saying listen the government can do what they want in terms of giving out drugs that will abort children.

-- against him were morally ethically would speak against it but don't make us.

As a community of faith.

Do what the government wants to do.

That is the ultimate violation of a civil right of religious liberty of the First Amendment in the Catholic church and dole standing up straw.

Written in already this is obviously a coordinated and highly energized.

-- -- Attacked by the church against this administration in court on television commercial everywhere it is.

It is actually quite something to behold.

It is also breathtaking to see the US Department of Justice -- Obama Justice Department.

Finally taking action and prosecutorial.

Misconduct.

By in the prosecution of then senator Ted Stevens and two years ago it's taken.

Internal that law -- Due to realize that there should be a penalty that there will amount to -- it would seems to me a slap on the wrist for the prosecutors.

Well it seems to be part and parcel of the holder Obama Justice Department.

Not to look carefully at the operations of the Justice Department.

During their time or any time before and to take action receive -- fast and furious and now we see senator Ted Stevens -- to sell.

His life and his career.

-- destroyed.

By this conviction that was ultimately overturn.

And then there -- no penalty for prosecutorial misconduct the problem is -- it happens.

Day after day after day in this country and happens to people we will never hear about.

And there is no justice.

In the end for those folks never is also.

Political.

Political purpose and and gain.

I in this instance is you and the audience were calls.

Senator Ted Stevens.

Who was beaten in that election.

With the with the conviction overhanging them that was later overturned because of -- probe has found -- week before -- -- and and the in the the reversal in the switching parties by Arlen Specter led to.

The passage of obamacare correct that's did you put it in and then properties -- was -- thank you very much sir John had great thing.