The Barack Obama/John Roberts (or Roberts/Obama, if that’s your preference) battle is getting a lot of press, Law Review included.Journalist and law professor Jeffrey Rosen’s piece in New York Magazine (courtesy of The New Republic) noted that Roberts might be advised to review similar historical battles before continuing to engage.
NYMag: …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.
Read Rosen’s full article, which walks through the history of “presidential Court-bashing” and how politicians (like Lincoln) slammed the Court all the way to the presidency or (like Roosevelt) to ensuring their mandates become the law of the land, here.
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