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Education & Reference

Rating: 4.4 / 5.0 (25 votes)

Released: 2012-09-18

The Oath: The Obama White House and the Supreme Court by Jeffrey Toobin


From the prizewinning creator of The Nine, a gripping insider's account of the momentous ideological battle between the John Roberts Supreme Court docket and the Obama administration.

From the moment John Roberts, the executive justice of the United States, blundered throughout the Oath of Office at Barack Obama's inauguration, the relationship between the Supreme Court docket and the White Home has been confrontational. Both men are younger, brilliant, charismatic, charming, decided to vary the direction of the nation—and fully at odds on virtually each major constitutional issue. One is radical; one essentially conservative. The shock is that Obama is the conservative—a believer in incremental trade, compromise, and pragmatism over ideology. Roberts—and his allies on the Court docket—are looking for to overturn decades of precedent: in short, to undo the final word victory FDR accomplished within the New Deal.
   This ideological conflict will crescendo during the 2011-2012 term, wherein a couple of landmark instances are on the Court's docket—most crucially, a challenge to Obama's controversial well being-care legislation. With four new justices joining the Courtroom in just 5 years, together with Obama's appointees Sonia Sotomayor and Elena Kagan, this is a dramatically—and historically—totally different Supreme Court, enjoying for the best of stakes.
   Nobody is healthier positioned to chronicle this dramatic tale than Jeffrey Toobin, whose prize-successful bestseller The 9 laid naked the inner workings and conflicts of the Courtroom in meticulous and interesting element. Because the nation prepares to vote for President in 2012, the future of the Supreme Courtroom may even be on the ballot.

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Editorial Evaluation

A Letter from the Creator

Jeffrey Toobin

Think John Roberts has found out his interior moderate? Don’t guess on it.

It is proper, of course, that Chief Justice Roberts’s vote in the well being-care case saved the Inexpensive Care Act – and most likely Barack Obama’s presidency as well. At the end of the Supreme Court docket’s final time period, Roberts joined with the Court docket’s 4 liberals – Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan – to uphold the constitutionality of the well being-care reform law. It was the first time ever that the Chief joined with the liberal quartet in an enormous case. It’s also most certainly the closing.

Roberts has the benefit of a long-time period standpoint. At fifty-seven years old, Roberts will probably still be Chief Justice when Sasha and Malia Obama transform eligible to prevail their father within the White House. Roberts’s resolution within the well being-care case reflected his working out of his position in the history of the Court. On the subject of public consideration, the health-care case – often called National Federation of Unbiased Industry v. Sebelius – shaped a trilogy with Bush v. Gore (2000) and Electorate United v. Federal Election Fee (2010). In those first two circumstances, 5 Republican appointees to the Court docket rendered selections which equipped dramatic benefits to the Republican Party – the primary, via putting in George W. Bush as president, and the second, via creating a campaign finance system that favors the GOP. withIn the well being-care case, Roberts needed to ask himself whether or not the 5 Republicans on the Courtroom have been going to ruin the vital success of a Democratic president.

Roberts selected to not go that a long way. His Republican allies, Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito, overplayed their hand. They sought to invalidate the legislation it its entirety, now not simply the controversial individual mandate. If Roberts had joined them, the Chief would have stirred volcanic partisan outrage and positioned the Supreme Court docket at the middle of the 2012 election. Instead, he chose a novel ground – Congress’s constitutional power to levy taxes – to uphold the regulation. He centered new limits on the Commerce Clause, which is frequently the predominant method for Congress to keep an eye on the financial system. He evolved the conservative result in in the end by using disappointing conservatives within the quick run.

Chief Justice Roberts also gave himself a political free hand for the foreseeable future. He will also be as conservative as he likes and he has insulated himself from criticism for partisanship. So that it will be vital – quickly. The Court will probably imagine a few politically incendiary considerations in its 2012-thirteen time period. May universities use race as a consideration in admissions, as Justice Sandra Day O’Connor said they may, in a well-known choice from 2003? Does the Voting Rights Act of 1965 discriminate against white voters and legislators in southern states? Does the Safety of Marriage Act discriminate unlawfully against gay folks? And – most dramatically of all – does the constitution embody a proper to similar-sex marriage?

Search for Roberts to guide the conservative side on all of those concerns. For the following yr, and plenty of more, the Chief Justice’s vote in the health-care case might be viewed as the great aberration of his judicial profession.

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Author: Jeffrey Toobin Publisher: Doubleday Binding: Kindle Variation Language: English Pages: 352

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