Monday, June 08, 2009

Turf War?

One of the odd things about the Supreme Court, is that the justices don’t always rule the way they are expected to rule. I hear a lot that the Presidents who appoint the justices don’t always look deep enough to know what they are getting, but sometimes they just do something surprising. Like today. It’s one thing that SCOTUS wants to take a look at the Chrysler deal, but how odd is it that it’s Justice Ginsburg who threw out that pitch?

Think about it. You might expect that from the Chief Justice, maybe Scalia or one of the more constructionist justices. But Ginsberg, an Obama fan if there is one on the SCOTUS? That’s sending a message, and that message is turf. The boundaries have been there for a long time. Theoretically, the Legislature makes law, the White House sets policy and direction, and the Supreme Court interprets law and policy by the Constitution. But in reality, there are areas where each wants to increase its power, and in politics that means at the expense of the other.

Bankruptcies are handled by the courts. Period. That’s how it works, only President All-About-Me wasn’t about the trust Chrysler’s fate to the courts, so he took a page out of the Godfather movies and went thuggy on everyone involved. Turns out that stepped on some toes belonging to people in the black robes. And today’s halt could be a shot across the bow to warn Obama off, or it could be targeting for a salvo if he tries to force the issue.

This could get very interesting.

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