Posted on 03/17/2010 7:15:42 AM PDT by reaganaut1
Barack Obama is gunning for a confrontation with the Supreme Court, and Chief Justice John Roberts has signaled that he welcomes the fight. Last week, the chief justice described the president’s State of the Union condemnation of the Citizens United decision as “very troubling” and complained that the speech had “degenerated to a political pep rally.” Roberts was making an argument about etiquette--dissent was fine, he said, but Obama had somehow transgressed the boundaries of civilized discourse by delivering his attack to a captive audience. But he was implicitly making a political argument as well. That is, Roberts seems to have joined the battle with Obama because he thinks the Court can win it.
As a matter of history, this argument is wrong: In battles between a popular president and an anti-majoritarian Court, it’s almost always the president who prevails. Using the Court as a punching bag puts Obama in the company of his greatest predecessors, Jefferson, Lincoln, and both Roosevelts--all of whom bashed the Court for thwarting the will of the people. As long as he plays his cards carefully, Obama has much to gain from challenging John Roberts, and the Roberts Court much to lose.
The successful history of presidential Court-bashing shows how fragile the justices are in the face of presidential attacks supported by a mobilized majority of the country. Thomas Jefferson attacked his distant cousin and arch-rival, Chief Justice John Marshall, for his “twistifications” and suggested he couldn’t be trusted; he encouraged Jeffersonian Republicans to intimidate Federalist judges by impeaching Justice Samuel Chase. Marshall reciprocated Jefferson’s disdain, calling him “the great Lama of the Mountain.” But Marshall was so spooked by the Chase impeachment that he anxiously suggested in a letter to Chase that Congress should be allowed to reverse Supreme Court decisions it considered “unsound.”
(Excerpt) Read more at tnr.com ...
I think Rosen is wrong about the politics. Obama is not popular, especially among non-black voters who judge him based on his performance rather than his race. I bet the Supreme Court is more respected than Congress.
I’m convince that the Slaughter Solution is the reason we are seeing the attacks on Justice Thomas’ wife. If that ruling ever gets to SCOTUS, the MSM and Dems will demand that Thomas recuse himself since his wife is a “known activist” against Obama.
The Deemocrats are screwed...and this idiot knows it...pass or don’t pass, there’s a boatload of people out there ready to dump their sorry asses out on the street.
Well, since SCOTUS judges are in charge of their own recusal decisions and there is no way to appeal it, I’d say Thomas and Roberts should tell dems to go pound sand.
“...Dems will demand that Thomas recuse himself since his wife is a “known activist” against Obama.”
The Deems can demand all they want...there is no legal or constitutional reason for his recusal...
Shoulda added a waring in the headline, maybe?
And “how fragile the justices are in the face of presidential attacks supported by a mobilized majority of the country.” Depends on if Obama/Stewart/Maher/Soros can mobilize the same mob that elected this Whiite House foo’, hayna?
If Obama declares war on the USSC, he will lose. I can’t wait to see them strike down his commie Obamacare passed by trickery. Barry doesn’t have the votes to stack the court so he can FO. After the 2010 election, Barry is a lame duck. After the 2012 election, he is dead in the water.
That makes sense. Very troubling. My gut instinct was that she should do whatever she wants, behind the scene. Way behind.
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“In battles between a popular president and an anti-majoritarian Court,”
Too bad for them Obama is not at all popular with Americans and the court is standing for the American majority.
"Obama is not popular, especially among non-black voters who judge him based on his performance rather than his race. I bet the Supreme Court is more respected than Congress."
Right on target. Obama ain't "Jefferson, Lincoln, and (either) Roosevelt"...though he obviously thinks he is. They ran successful administrations. Obama's is already a historical failure.
Incredible statement to compare to the current situation. The will of the people is being thwarted by the president and his congress. If anything the court will be the final arbiter of whether the people win or whether government wins.
Incredible stupidity from the author not being able to see this.
The best message the Court can send on this issue is to cease attending any speech before Congress assembled by this President. Let Justice Sotomayor go by herself, the rest of the Court should abstain from any further participation.
I think he wants this conflict for one reason only - that whole balance of power thing is impeding his plans for his dictatorship.
Another leftist living in a world entirely of his own creation. “A popular president?” Oh please!!! And an “anti-majoritarian court?” A court with which the majority of the American public fundamentally disagrees? Again, utter nonsense. It’s so much easier to write an article and “prove” your conclusions when each and every one of your notions is utter tripe!
Why on earth would an empty suit affirmative action hire find someone who is supremelyqualified to be a “perfect enemy”?
I knew Thomas Jefferson, he was a friend of mine. Obama, you are no Thomas Jefferson.
This Obama crowd has been reading from the FDR playbook. They are as drunk on leftist dogma as his admin was. I fully expect them to make a Court-packing try.
Its very instructive to see who bammy sees as his enemies. Go ahead and deem your laws and self relevant, I too can play this game. We may all collectively deem ourselves separate from his reality. Do you think the armed forces will willingly attack their fellow citizens on the word of a deemer?
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