May 11, 2010

INDEED, IF HARRIET MIERS WERE JEWISH AND HAD AN IVY DEGREE...:

Kagan Might Pass as a Bush Supreme Court Choice (Ann Woolner, 5/11/10, Bloomberg)

If Elena Kagan replaces John Paul Stevens on the U.S. Supreme Court, George W. Bush might wish for another try at persuading the justices to rule his way on a couple of items.

Take his notion that suspected enemies locked up at Guantanamo Bay have no right to challenge their detentions in federal court. The high court nixed that policy as unconstitutional by a bare 5-4 majority, with Stevens writing for the majority. If Kagan had been there instead, there is a decent chance the court might have stamped its approval.

Then there was the Bush administration’s attempt to relieve the Environmental Protection Agency of regulating green house gas emissions from cars. A 5-4 majority led by Stevens in 2007 said the agency couldn’t ignore the duties Congress gave it under the Clean Air Act.

Given what Kagan has written about the president’s power over administration agencies, it’s clearly possible that she might have flipped the court in favor of the White House on that one, too.


...she'd be a justice today.

Posted by Orrin Judd at May 11, 2010 2:15 PM
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