The Supreme Rivalry That Runs America

[DonViejo]

Eric Segall

The power struggle between Chief Justice John Roberts and Justice Anthony Kennedy might have more say in this summer’s same-sex marriage vote than you think.

Supreme Court Justices are supposed to decide cases under the “law” and they rarely discuss their personal relationships with each other publicly other than to suggest that they all get along famously. There’s little public attention paid to how the Justices react to one another—and that makes it extremely difficult for Court watchers to report on what may be important personal dynamics between the Justices.

Nevertheless, throughout history, there are pairs of Justices whose relationships were important both to the functioning of the institution and to votes in individual cases. Justices William Brennan and Thurgood Marshall, for example, voted as a liberal pair in most important cases for many years. There’s even evidence that towards the end of Marshall’s career, he instructed his clerks to vote as Justice Brennan voted.

There’s every reason to think Brennan and Marshall had a strong personal bond. The same was not true for Felix Frankfurter and Hugo Black. Black was a Southerner and a member of the KKK before he ascended to the Court and the Frankfurter, a Northeastern Jewish liberal, were antagonists throughout their careers and saw the Constitution very differently over a host of cases. Their strained personal relationship clearly affected their work and votes.

And now, there may be an historic personal dynamic occurring behind the curtains of our highest Court today that influences how the Court resolves important and news worthy cases. There is every reason to think Chief Justices Roberts and Justice Anthony Kennedy are battling for control of the Court. This dynamic may partially explain Chief Justice Roberts’ puzzling vote in the first ObamaCare decision (NFIB V. Sebelius) and may also affect his upcoming votes in this term’s blockbuster Obama Care and same-sex marriage cases. Of course, I can offer no direct proof of this, but only interesting, relevant, and maybe even persuasive, circumstantial evidence.

Before we get started, note that I’m not suggesting there is any personal animosity between these two men but rather a contest for power, position, and influence.

more
http://www.thedailybeast.com/articles/2015/04/11/the-supreme-rivalry-that-runs-america.html

[NoJusticeNoPeace]

1. I am expecting all hell to break loose this summer, ACA will be gutted for sure

as to equality in marriage, god only knows

NOTHING is certain

these disgusting puke fucks have a chance to destroy Obama's legacy and by god that is what they will do

[OKNancy]

2. good read.. interesting.. thanks for posting

[guillaumeb]

3. a very interesting article,

also from the article:

If Justice Kennedy were to write both opinions—especially if both are 5-4 decisions decided along partisan lines, with the exception of Kennedy—it might once again be the “Kennedy Court.” That will almost certainly not happen, however, as Adam Liptak pointed out in the New York Times a few weeks ago. He suggested “the term could end with two liberal decisions assigned and perhaps written by Justice Kennedy, leaving the leader and namesake of the Roberts court on the sidelines. That cannot be an appealing prospect, and it could prompt the chief justice to look for a narrow, provisional ground to” vote for the government in this year’s Obamacare case.

In my opinion, another factor that may have weighed in the original vote, and could weigh here as well, is that John Roberts was a corporate attorney, and the ACA has been a financial bonanza for the insurance industry. Millions of new clients and billions in subsidies flowing to the insurance companies.

Excellent post