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View Diary: why Obama is taking on the Court (27 comments)

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  •  Two Points (6+ / 0-)

    The first is...

    President Obama as a legal scholar is the immediate peer of the Supreme Court justices.  His resume - Editor, Harvard Law Review, Senior Lecturer, University of Chicago speaks to a legal mind and legal training every bit as good as theirs.  Had anyone but Obama been the Democratic nominee and elected President, I'm virtually certain Obama would be on the Supreme Court today.

    If Roberts, Alito, or Scalia try to pick a fight with Obama, he's going to be able to hold his own, and then some.

    The second is, the Court has ALWAYS been susceptible to political pressure.  It operates indirectly, but it does indeed operate.  The most famous example is the mid-1930's "Switch in Time" in which a sitting majority of uber-conservative justices who had been ruling against the New Deal at literally every opportunity suddenly reversed course in the face of FDR's threat to expand the size of the court from 9 to 12 justices.

    When I think back on all the crap I learned in high school, it's a wonder I can think at all.

    by Dan E in Blue Hampshire on Wed Mar 17, 2010 at 10:42:25 PM PDT

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