The Oath

The Obama White House and the Supreme Court

Author: Jeffrey Toobin

Publisher: Anchor Books

ISBN: 0307390713

Category: Law

Page: 325

View: 7319

Presents an insider's account of the ideological war between the John Roberts Supreme Court and the Obama administration, tracing several landmark cases and the strong views that will be shaping the Court of the near future.

The Obama White House and the Supreme Court

from The Oath

Author: Jeffrey Toobin

Publisher: Vintage

ISBN: 0525433767

Category: Law

Page: 24

View: 5175

A Vintage Shorts Selection The bestselling and prizewinning author of The Nine and American Heiress tells the dramatic and gripping insider’s story of the momentous ideological war fought between the Obama White House and the Supreme Court. President Obama and Chief Justice Roberts could not be more different. Obama, a legal conservative grappling with the second amendment among other issues, believes in the close interpretation of the Constitution, incremental change, and pragmatism over ideology. But, for Roberts the law is all about winning. And, from the moment he botched Obama’s oath of office in 2009, the relationship between the Court and the White House has been fraught. This is essential history that unravels the forces that have shaped the Roberts Court over the last eight years. The nation is preparing to vote for its next president, and it bears remembering that the future of the Supreme Court will also be on the ballot. An ebook short.

The Oath: The Obama White House and the Supreme Court

Author: Jeffrey Toobin

Publisher: London Publishers

ISBN: N.A

Category:

Page: N.A

View: 1156

From the prizewinning author of The Nine, a gripping insider's account of the momentous ideological war between the John Roberts Supreme Court and the Obama administration. From the moment John Roberts, the chief justice of the United States, blundered through the Oath of Office at Barack Obama's inauguration, the relationship between the Supreme Court and the White House has been confrontational. Both men are young, brilliant, charismatic, charming, determined to change the course of the nation—and completely at odds on almost every major constitutional issue. One is radical; one essentially conservative. The surprise is that Obama is the conservative—a believer in incremental change, compromise, and pragmatism over ideology. Roberts—and his allies on the Court—seek to overturn decades of precedent: in short, to undo the ultimate victory FDR achieved in the New Deal. This ideological war will crescendo during the 2011-2012 term, in which several landmark cases are on the Court's docket—most crucially, a challenge to Obama's controversial health-care legislation. With four new justices joining the Court in just five years, including Obama's appointees Sonia Sotomayor and Elena Kagan, this is a dramatically—and historically—different Supreme Court, playing for the highest of stakes. No one is better positioned to chronicle this dramatic tale than Jeffrey Toobin, whose prize-winning bestseller The Nine laid bare the inner workings and conflicts of the Court in meticulous and entertaining detail. As the nation prepares to vote for President in 2012, the future of the Supreme Court will also be on the ballot. Amazon.com Review A Letter from the Author Think John Roberts has discovered his inner moderate? Don’t bet on it. It is true, of course, that Chief Justice Roberts’s vote in the health-care case saved the Affordable Care Act – and perhaps Barack Obama’s presidency as well. At the end of the Supreme Court’s last term, Roberts joined with the Court’s four liberals – Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan – to uphold the constitutionality of the health-care reform law. It was the first time ever that the Chief joined with the liberal quartet in a major case. It’s also probably the last. Roberts has the advantage of a long-term perspective. At fifty-seven years old, Roberts will likely still be Chief Justice when Sasha and Malia Obama become eligible to succeed their father in the White House. Roberts’s decision in the health-care case reflected his understanding of his place in the history of the Court. In terms of public attention, the health-care case – known as National Federation of Independent Business v. Sebelius – formed a trilogy with Bush v. Gore (2000) and Citizens United v. Federal Election Commission (2010). In those first two cases, five Republican appointees to the Court rendered decisions which provided dramatic benefits to the Republican Party – the first, by installing George W. Bush as president, and the second, by creating a campaign finance system that favors the GOP. In the health-care case, Roberts had to ask himself whether the five Republicans on the Court were going to destroy the central achievement of a Democratic president. Roberts chose not to go that far. His Republican allies, Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito, overplayed their hand. They sought to invalidate the law it its entirety, not just the controversial individual mandate. If Roberts had joined them, the Chief would have stirred volcanic partisan outrage and placed the Supreme Court at the center of the 2012 election. Instead, he chose a novel ground – Congress’s constitutional power to levy taxes – to uphold the law. He established new limits on the Commerce Clause, which is usually the principal means for Congress to regulate the economy. He advanced the conservative cause in the long run by disappointing conservatives in the short run. Chief Justice Roberts also gave himself a political free hand for the foreseeable future. He can be as conservative as he likes and he has insulated himself from criticism for partisanship. That will be important – soon. The Court will likely consider several politically incendiary issues in its 2012-13 term. May universities use race as a consideration in admissions, as Justice Sandra Day O’Connor said they could, in a famous decision from 2003? Does the Voting Rights Act of 1965 discriminate against white voters and legislators in southern states? Does the Defense of Marriage Act discriminate unlawfully against gay people? And – most dramatically of all – does the constitution include a right to same-sex marriage? Look for Roberts to lead the conservative side on all of these issues. For the next year, and many more, the Chief Justice’s vote in the health-care case will be seen as the great aberration of his judicial career. From Booklist Starred Review From the awkward swearing-in of President Obama by Chief Justice Roberts to Obama’s caustic reaction to the Citizens United ruling to Roberts’ support of Obama’s health-care law, the tumultuous relationship between the administration and the Supreme Court has been increasingly evident. Both Harvard-educated lawyers, Obama and Roberts are known for their charm and intelligence, but their very different political perspectives have promised friction from the beginning, particularly as changes in the composition of the court resonate with the changes in national politics. Legal analyst Toobin offers a vivid inside look at the personalities and politics behind the fractious relationship. Roberts’ honeymoon lasted 12 months before the fault lines in the court cracked along ideological lines, with conservatives disappointed in his attempts at equanimity and liberals distrustful of his behind-the-scenes maneuverings. Toobin details the politics behind decisions about what cases even get heard as well as the procedural strategies that affect the final rulings. Among the highlights: Ginsburg’s scathing dissent on a ruling against a claim of pay disparity, in which she urged congressional action; Souter’s caustic dissent in Citizens United that questioned Roberts’ integrity; and Scalia’s bitter disappointment in Roberts’ decision on the health-care law. A revealing look at the ideological battle between the White House and the Supreme Court. HIGH-DEMAND BACKSTORY: The best-selling author of The Nine (2007) revisits the Supreme Court in a timely book that is sure to draw plenty of interest during the election season. --Vanessa Bush

Pathways to the US Supreme Court

From the Arena to the Monastery

Author: G. Nelson

Publisher: Springer

ISBN: 1137351721

Category: Political Science

Page: 340

View: 1652

Pathways to the U.S. Supreme Court is a quantitative-historical recapitulation of the routes taken to the US Supreme Court by the 112 Justices who were confirmed by the Senate and served, and the 28 others whose candidacies for confirmation were defeated, withdrawn, or declined.

The Battle for the White House from Bush to Obama

Volume II Nominations and Elections in an Era of Partisanship

Author: A. Bennett

Publisher: Springer

ISBN: 1137268638

Category: Political Science

Page: 236

View: 5153

Anthony Bennett guides us through the events of the four elections of the 21st century, showing how this era of partisanship has reshaped not only presidential nominations and elections, but the American presidency and politics itself.

The Supreme Court in a Separation of Powers System

The Nation's Balance Wheel

Author: Richard Pacelle

Publisher: Routledge

ISBN: 1136657789

Category: Political Science

Page: 328

View: 4815

The U.S. Supreme Court is not a unitary actor and it does not function in a vacuum. It is part of an integrated political system in which its decisions and doctrine must be viewed in a broader context. In some areas, the Court is the lead policy maker. In other areas, the Court fills in the gaps of policy created in the legislative and executive branches. In either instance, the Supreme Court’s work is influenced by and in turn influences all three branches of the federal government as well as the interests and opinions of the American people. Pacelle analyzes the Court’s interaction in the separation of powers system, detailing its relationship to the presidency, Congress, the bureaucracy, public opinion, interest groups, and the vast system of lower courts. The niche the Court occupies and the role it plays in American government reflect aspects of both the legal and political models. The Court has legal duties and obligations as well as some freedom to exercise its collective political will. Too often those studying the Court have examined it in isolation, but this book urges scholars and students alike to think more broadly and situate the highest court as the "balance wheel" in the American system.

The Second Amendment

A Biography

Author: Michael Waldman

Publisher: Simon and Schuster

ISBN: 1476747466

Category: History

Page: 272

View: 4125

Widely acclaimed at the time of its publication, the life story of the most controversial, volatile, misunderstood provision of the Bill of Rights. At a time of increasing gun violence in America, Waldman’s book provoked a wide range of discussion. This book looks at history to provide some surprising, illuminating answers. The Amendment was written to calm public fear that the new national government would crush the state militias made up of all (white) adult men—who were required to own a gun to serve. Waldman recounts the raucous public debate that has surrounded the amendment from its inception to the present. As the country spread to the Western frontier, violence spread too. But through it all, gun control was abundant. In the twentieth century, with Prohibition and gangsterism, the first federal control laws were passed. In all four separate times the Supreme Court ruled against a constitutional right to own a gun. The present debate picked up in the 1970s—part of a backlash to the liberal 1960s and a resurgence of libertarianism. A newly radicalized NRA entered the campaign to oppose gun control and elevate the status of an obscure constitutional provision. In 2008, in a case that reached the Court after a focused drive by conservative lawyers, the US Supreme Court ruled for the first time that the Constitution protects an individual right to gun ownership. Famous for his theory of “originalism,” Justice Antonin Scalia twisted it in this instance to base his argument on contemporary conditions. In The Second Amendment: A Biography, Michael Waldman shows that our view of the amendment is set, at each stage, not by a pristine constitutional text, but by the push and pull, the rough and tumble of political advocacy and public agitation.

Days of Fire

Bush and Cheney in the White House

Author: Peter Baker

Publisher: Anchor

ISBN: 0385536925

Category: Political Science

Page: 816

View: 2420

In Days of Fire, Peter Baker, Chief White House Correspondent for The New York Times, takes us on a gripping and intimate journey through the eight years of the Bush and Cheney administration in a tour-de-force narrative of a dramatic and controversial presidency. Theirs was the most captivating American political partnership since Richard Nixon and Henry Kissinger: a bold and untested president and his seasoned, relentless vice president. Confronted by one crisis after another, they struggled to protect the country, remake the world, and define their own relationship along the way. In Days of Fire, Peter Baker chronicles the history of the most consequential presidency in modern times through the prism of its two most compelling characters, capturing the elusive and shifting alliance of George Walker Bush and Richard Bruce Cheney as no historian has done before. He brings to life with in-the-room immediacy all the drama of an era marked by devastating terror attacks, the Iraq War, Hurricane Katrina, and financial collapse. The real story of Bush and Cheney is a far more fascinating tale than the familiar suspicion that Cheney was the power behind the throne. Drawing on hundreds of interviews with key players, and thousands of pages of never-released notes, memos, and other internal documents, Baker paints a riveting portrait of a partnership that evolved dramatically over time, from the early days when Bush leaned on Cheney, making him the most influential vice president in history, to their final hours, when the two had grown so far apart they were clashing in the West Wing. Together and separately, they were tested as no other president and vice president have been, first on a bright September morning, an unforgettable “day of fire” just months into the presidency, and on countless days of fire over the course of eight tumultuous years. Days of Fire is a monumental and definitive work that will rank with the best of presidential histories. As absorbing as a thriller, it is eye-opening and essential reading.

Politics to the Extreme

American Political Institutions in the Twenty-First Century

Author: S. Frisch,S. Kelly

Publisher: Springer

ISBN: 1137312769

Category: Political Science

Page: 246

View: 5021

To overcome the political deadlock that overshadows the pressing problems facing the United States, the academies top scholars address the causes and consequences of polarization in American politics, and suggest solutions for bridging the partisan divide.

Law and Global Health

Current Legal Issues

Author: Michael Freeman,Sarah Hawkes,Belinda Bennett

Publisher: OUP Oxford

ISBN: 0191003468

Category: Political Science

Page: 600

View: 4895

Current Legal Issues, like its sister volume Current Legal Problems (now available in journal format), is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. Law and Global Health, the sixteenth volume in the Current Legal Issues series, offers an insight into the scholarship examining the relationship between global health and the law. Covering a wide range of areas from all over the world, articles in the volume look at areas of human rights, vulnerable populations, ethical issues, legal responses and governance.