Monday, May 25, 2009

New Supreme Court Justice and the Expansion of the Executive Branch


Interesting thoughts from Daphne Eviatar of the Washington Independent on why President Obama might not pick a hard-core liberal but a justice who would favor the expansion of power of the executive branch of government. That would be in line with what President Obama and his predecessors (Bush I, Clinton, and Bush II) have attempted to do with varying results. With a pick like that he would satisfy both conservatives and liberals - because he didn't pick one or the other and settled for somebody who might be more "down the middle." Ms. Eviatar suggests that Solicitor General Elana Kagan might be the leading candidate for the position. If that happens then he has made a much more dangerous pick than a justice who would support common liberal causes - it would upset the greater balance of power within the government and would give the president the opportunity to make decisions without the checks and balances prescribed by the Constitution. Could be a very interesting couple of days to watch.

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