The date of the broadcast is January 18, 2001. It’s in Real Player format, which is a pain, but if you want to listen to the whole thing you can.
The key section is here…where Obama argues against the courts redistributing wealth…
“Maybe i am showing my bias here as a legislator as well as a law professor, but you know, I am not optimistic about bringing about major redistributive change through the courts. You know the institution just isn’t structured that way.
Just look at very rare examples where during he desegregation era the court was willing to, for example, order … changes that cost money to local school district[s], and the court was very uncomfortable with it. It was hard to manage, it was hard to figure out, you start getting into all sorts of separation of powers issues in terms of the court monitoring or engaging in a process that is essentially is administrative and takes a lot of time. The court is not very good at it, and politically it is hard to legitimize opinions from the court in that regard.
So i think that although you can craft theoretical justifications for it legally, I think any three of us sitting here could come up with a rationale for bringing about economic change through the courts, I think that as a practical matter that our institutions are just poorly equipped to do it.”
Yep. The claim isn’t even accurate. They’re simply trying to push a false meme out there thinking that nobody will listen to this audio.
Read the transcript of all Obama’s remarks here.