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White House Press Briefing by Dana Perino 11/15/07 (President's Federalist Society)
— Thursday, November 15, 2007 —
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Q The President's Federalist Society remarks tonight, which you've sent us excerpts of -- I'm interested in his attack on those who advocate the living Constitution, and saying that in practice, the living Constitution means whatever these activists want it to mean. The President presumably is aware that Justice Stephen Breyer has a book out on this subject. Is he attacking Justice Breyer directly here?

MS. PERINO: No, I don't think that there was anything specific, and I don't think -- in discussions, I don't believe it came up. But what I can say is that the President has for many years said that what his position is on judicial nominees is that he looks for someone who believes like he does; that the Constitution is the Constitution and it shouldn't evolve based on different public policy positions. I'm not aware -- I wasn't aware that Justice Breyer had a book.

Q In a larger sense, though, does he believe that Justice Breyer and other advocates of this policy, to quote him from elsewhere in the speech, are -- pursue judicial lawlessness in a way that is a threat to our democracy?

MS. PERINO: The President does not believe that we should have a living Constitution. He believes the Constitution is the Constitution.


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