Bending the Third Rail
Because We Should, We Can, We Do
Monday, March 06, 2006
Typical George Bush.

The conventional wisdom is that Bush wanted a conservative Supreme Court so that Roe v. Wade could be overturned, or perhaps that gay marriage would be banned. But it's items like this that are the real reason he wanted the court to move to the right:
He hasn't vetoed a bill in five years. Relations with the Republican-led Congress are suddenly very testy. There are increasing concerns that the executive branch has repeatedly exceeded its Constitutional authority.

So what does he do? Ask for a line-item veto, that's what. (And never mind that the Supreme Court ruled the last line-item veto attempt unconstitutional.)

This morning, at the swearing-in of the new chairman of the White House Council of Economic Advisers, Edward Lazear, Bush announced he would transmit to Congress a new line-item veto proposal.
BushCo is perfectly aware that a line-item veto was declared unconsititional. But that was then, ... this is now.

Bush and the Republicans will be implementing (or continue to implement) many, many regulatory and legislative items that are the darlings of conservatives now that they feel they have a good SCOTUS. Judicial activism is now a tool, not a vice. Look for challenges to executive authority, rules on torture, immigration reform, corporate law and affirmative action challenges to suddenly show up in the courts despite clear precedent.

We can only hope that one or both Alito and Roberts are independent/centrist enough to surprise conservatives. Oh, and that Democrats retake the Presidency in 2008 and several supremes then retire.
Blogger mikevotes said...
Exactly. The one common thread on Miers, Roberts, and Alito is that they have all supported the unitary executive claims in the past. Roberts in Hamdi, Alito in Guantanamo case, and Miers, well, I just assume.