Obama and the Supremes

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Poor Barry has not been having that good a time lately. A two-fer.

First - from National Review:

Supreme Court Rules Unanimously Against Obama for 12th and 13th Time Since 2012
Did you know the Obama administration’s position has been defeated in at least 13 – thirteen — cases before the Supreme Court since January 2012 that were unanimous decisions? It continued its abysmal record before the Supreme Court today with the announcement of two unanimous opinions against arguments the administration had supported. First, the Court rejected the administration’s power grab on recess appointments by making clear it could not decide when the Senate was in recess. Then it unanimously tossed out a law establishing abortion-clinic “buffer zones” against pro-life protests that the Obama administration argued on behalf of before the Court (though the case was led by Massachusetts attorney general Martha Coakley).

The tenure of both President Obama and Attorney General Eric Holder has been marked by a dangerous push to legitimize a vast expansion of the power of the federal government that endangers the liberty and freedom of Americans. They have taken such extreme position on key issues that the Court has uncharacteristically slapped them down time and time again. Historically, the Justice Department has won about 70 percent of its cases before the high court. But in each of the last three terms, the Court has ruled against the administration a majority of the time. 

Second - from The Daily Beast:

Obama’s Terrible, Awful, Horrible Year at the Supreme Court
 While the country waits (and waits and waits) for the Supreme Court to announce its decisions in what court watchers are calling the Big Four—the two gay-marriage cases, the affirmative-action case, and the Voting Rights Act case—one thing has already become clear by the court’s decisions: the Obama administration has had a lousy year in the high court. While the administration has certainly won some cases, more often than not the court has rejected the administration’s arguments. On Thursday, for example, the court announced three decisions, rejecting the Obama administration’s arguments in each one.

A bit more:

Historically, there is no single litigant more successful in the Supreme Court than the United States. The court usually pays special attention to the arguments of the government’s representative, the solicitor general, whose office is known to have the best lawyers and the longstanding respect of the justices. Studies show that, in the past, the solicitor general won approximately 70 percent of its cases in the Supreme Court. That’s why the solicitor general is often referred to as the “10th justice.”

This term, however, the executive branch has lost far more cases than it has won. Although there are still some decisions to come—and one or two cases are mixed decisions that are hard to categorize—so far the court has clearly decided 24 cases in which the United States was a party. Fifteen of those cases went against the government, while only 9 sided with the administration. That’s a winning percentage of only 37 percent—a huge drop from historical patterns.

The court’s rejection of the Obama administration’s positions extends to cases in which the United States filed a “friend of the court” brief but was not officially a party to the litigation. In these cases, the court has rejected the arguments of the administration in 15 cases, while siding with the government in only 12. That’s a winning percentage of 44 percent.

 And there are more cases coming up. I am amazed that Eric Holder is still A.G. after all the stupid decisions he has made. The guy may be well-connected politically but he is a dunce when it comes to practicing law.

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This page contains a single entry by DaveH published on June 26, 2014 8:47 PM.

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