There has been a widening spread of academic literature questioning the post-New Deal Court's treatment of economic activity, but one might doubt whether adding judicial voices to that challenge will add a great deal to its persuasiveness.
Affirming that a detention policy has to be based on law and subject to Congressional and judicial scrutiny, Mr. Obama voiced the profound truth that eluded Mr. Bush, "In our constitutional system, prolonged detention should not be the decision of any one man".
The first judicial complaints were voiced in 1997 by Lord Hoffmann in The Intolerable Wrestle with Words and Meanings, where he criticised the increased expense and drop in efficiency which it created.
In such circumstances, the majority of the Senate can at least plausibly claim a legitimate interest in having a serious voice in judicial nominations.
Theresa May, the home secretary, dismissed calls for a judicial inquiry, though she voiced support for the Met.
But with this same combination of capable judicial actors, amplified victim voices and sustained international pressure, Guatemala can still demonstrate the power of local justice to deliver extraordinary results.
Because so many difficult cases may land in court, or in a quasi-judicial tribunal, some voices in the Leveson camp seemed anxious that the regulator be asked for an opinion early on, before any story is pursued, let alone written.
Indeed, there is a new school of criticism — one that includes some voices from the right, where judicial restraint was once part of conservative legal orthodoxy — that says the Supreme Court is not activist enough.
"Having some kind of alternative voice might control judicial appointments, attacks on the environment, civil liberties and the deficit".
If Republicans had a voice in the judicial nominations process, the theory went, partisan bickering would slow, if not cease, and the judiciary would inch away from the culture wars.
