Tuesday, December 7, 2010

Are Federal Courts Growing Increasingly Partisan?



As the ten year anniversary of Bush v. Gore is recalled, not especially fondly (or worse -- ok, somebody likes it), an interesting debate is emerging over whether the federal courts -- on key politically charged issues -- are simply breaking down along partisan lines:
"The constitutionality of health care reform has gone from a fairly obscure and almost frivolous issue to a litmus test for what judges stand for," Toobin says.

For decades, and with few exceptions, he notes, the commerce clause has been more or less understood as a blank check for Congress. The health care row changed all that.

Says Toobin, "it's an example of how the center has shifted to the right in judicial politics." 
I would say in addition to health care and the Commerce Clause, we've seen some strange preemption arguments over Proposition 8, the federal government's right to set immigration policy,and DADT that have turned traditional conservative/liberal notions of jurisprudence on its head.

You could probably add that case about plausibility in pleading standards to the list, though who the hail gives a hoot about that dumb issue?

11 comments:

  1. commerce clause argument is bull ####

    ReplyDelete
  2. Let's face it, the commerce clause is BS. There is no way in hell that the framers imagined that the commerce clause would have the consequences it has had.

    The judiciary has been partisan since it was formed. Its just that we have a more bitterly divided country right now than we did for the most part of the 20th century.

    ReplyDelete
  3. Read The Supreme Court by William Rehnquist. His history of the court makes one point over and over and over: there has never been a major political controversy in this country that has not found its way to the steps of the Supreme Court. Increasingly partisan? As opposed to when? 1856? 1965? 1954? 1937? 1800? I remember 1972 quite well. George Wallace campaigned in Maryland and Michigan claiming that he would give federal judges a "barbed wire enema." And people cheered him. Imagine that today.

    ReplyDelete
  4. Maybe health care reform is the perfect opportunity to decide whether the commerce clause was properly viewed as a blank check for Congress.

    ReplyDelete
  5. The whole idea of partisan-ism is just another way to dupe the people. Se, ya govern by dis 'ism' or dat 'ism'. 'Ism' and schism are just tricks to divide the people.

    ReplyDelete
  6. ormbffjq, Xrumer mods , MWNNkoq.

    ReplyDelete
  7. The person who create this post it was a great human. Thanks for shared this with us.

    ReplyDelete
  8. [url=http://www.breakingnewsnyc.com/] Breaking News[/url], opinions and blogs in business, sports, entertainment, travel, lifestyle, plus much more.
    The leading news source for Long Island and [url=http://www.breakingnewsnyc.com/]NYC[/url]

    ReplyDelete
  9. Being in boat accidents can cause some major prolems for your life. I found this article to be very informative. Help is out there and it’s easier to find if you know what you’re looking for.

    ReplyDelete
  10. Being in train accident attorney can cause some major prolems for your life. I found this article to be very informative. Help is out there and it’s easier to find if you know what you’re looking for.

    ReplyDelete