And as both historical practice and judicial decisions confirm, the fact that documents reside within an agency rather than in the White House is irrelevant to whether they are privileged.

WHITEHOUSE: Press Briefing

That respect for so-called "legislative intent" and the belief that judges should practice "judicial restraint" is cheered by many Republicans.

CNN: Alito's record shows conservative judge

ObamaCare does this by empowering an unelected 15-member panel to rule over medicine and tell doctors how to practice, with no legislative or judicial review.

WSJ: Review & Outlook: The Mediscare Boomerang

In the first judicial rebuke of the city's stop-and-frisk practice, a federal judge ordered the New York Police Department to end what the ruling described as "unlawful trespass stops" outside some private buildings in the Bronx.

WSJ: Judge Halts a Stop-and-Frisk Tactic

The opinions of recognized scholars constitute evidence of customary international law in a case in which there is (a) no controlling judicial decision, (b) no controlling State practice and (c) no otherwise controlling treaty.

CENTERFORSECURITYPOLICY: Center For Security Policy