Not surprised to see Orin Kerr poo-pooing it at the Conspiracy. I don’t get why such a libertarian blog treats Obama like a moderate Dem. Libertarians should be very fearful of an Obama presidency.
Kerr is an egg-head. Ilya is quite down on Obama, as are the majority of commentators, and I'd say 80% of the sane commentators.
On this one, Kerr is wondering if Obama's position is (a) whether advocates should involve the courts at all, vis-a-vis redistribution, or (b) whether it would be difficult for a court of justify ordering a resdistributive scheme, or (c), the courts should have ordered it already. Kerr's focus in on the courts as agent, and he is trying to avoid taking a side as to whether redistribution (in some undefined form) comports with the constitution or not.
In other words, he's avoiding the interesting issue, and trying to distract into an issue that is literally of only academic interest. He does this sort of "directing" from time to time. I just blow it off, as do most of the people posting. At the end of the debate, he's just another commentator anyway.