Strengthening Constitutional Self-Government

No Left Turns

Courts

Hocus Pocus SCOTUS POTUS (update)

The often astute Jeff Rosen eggs on Obama's confrontation with the Supreme Court, outlining a Court-bashing strategy Obama can use to his advantage.  (Given Axelrod's interest in Lincoln's political savvy, I'm sure something similar has occurred to him and has put it in play.)  The trouble is, Obama's manner of unleashing his attack, at the SOTU, made him look like a schoolyard bully, not a TR with the bully pulpit. 

If the Dems use the Slaughter House Rules to get Obamacare through, this Court-confronting strategy might help delegitimize an opinion declaring the desperate tactic unconstitutional.  Hence the short as well as long-term importance of the current wave of Mrs. Clarence (Virginia) Thomas-bashing.  But the left needs to silence more than her for the proposed Rosen strategy to work.

UPDATE:  See Matt Franck's demolition of Rosen.

Categories > Courts

Discussions - 3 Comments

Reading Rosen, I wonder what would happen if the political party opposing the president made a stand with the Supremes? I see no indication of that in any of the examples he offers. If, now, Republicans keep hitting the personal liberty aspect of the Citzens United case and back the conservatives on the Court on that basis, as well as playing up the "protect the Constitution" rhetoric, which comes so naturally, they might be persuasive.

In the cases of Jefferson and FDR their opponents were in the minority, with not much chance of expanding. Douglas of course stood up for the Supremes, against Lincoln. Obama seems intent on unifying the country against him. I wonder how the unions are taking to his bashing of the campaign finance decision?

Rosen's losing it. CUDS, that is, Citizens' United Derangement Syndrome

Leave a Comment

* denotes a required field
 

No TrackBacks
TrackBack URL: https://nlt.ashbrook.org/movabletype/mt-tb.cgi/15031


Warning: include(/srv/users/prod-php-nltashbrook/apps/prod-php-nltashbrook/public/sd/nlt-blog/_includes/promo-main.php): failed to open stream: No such file or directory in /srv/users/prod-php-nltashbrook/apps/prod-php-nltashbrook/public/2010/03/hocus-pocus-scotus-potus.php on line 467

Warning: include(): Failed opening '/srv/users/prod-php-nltashbrook/apps/prod-php-nltashbrook/public/sd/nlt-blog/_includes/promo-main.php' for inclusion (include_path='.:/opt/sp/php7.2/lib/php') in /srv/users/prod-php-nltashbrook/apps/prod-php-nltashbrook/public/2010/03/hocus-pocus-scotus-potus.php on line 467