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The Oath: The Obama White House and the Supreme Court
Author: Jeffrey Toobin
File Type: epub
A Washington Post Notable Work of Nonfiction From the moment Chief Justice Roberts botched Barack Obamas oath of office, the relationship between the Court and the White House has been a fraught one. Grappling with issues as diverse as campaign finance, abortion, and the right to bear arms, the Roberts court has put itself squarely at the center of American political life. Jeffrey Toobin brilliantly portrays key personalities and cases and shows how the President was fatally slow to realize the importance of the judicial branch to his agenda. Combining incisive legal analysis with riveting insider details, The Oath is an essential guide to understanding the Supreme Court of our interesting times.**Amazon.com Reviewh4A Letter from the Authorh4Think John Roberts has discovered his inner moderate? Dont bet on it. It is true, of course, that Chief Justice Robertss vote in the health-care case saved the Affordable Care Act and perhaps Barack Obamas presidency as well. At the end of the Supreme Courts last term, Roberts joined with the Courts 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. Its 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. Robertss 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 Congresss 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 OConnor 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 Justices 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 Obamas caustic reaction to the Citizens United ruling to Roberts support of Obamas 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 Ginsburgs scathing dissent on a ruling against a claim of pay disparity, in which she urged congressional action Souters caustic dissent in Citizens United that questioned Roberts integrity and Scalias 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
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