A couple of the libertarians over here don’t seem all that worked up about the Obama audio. It could be that they are influenced by their own theories of expanded Ninth Amendment jurisprudence and positive rights. But anyone who has studied this issue, including Sunstein’s views (he being a top adviser to Obama), should be concerned about Obama’s views. Obama is not saying he opposes the Court using positive law theories to expand social and economic “rights,” he is saying it might not be practical. But, as we all know, with a couple appointments to the Court, it could become reality.