In terms of making its case before the Supreme Court, it’s been a spring to forget for the Obama administration.
The struggles on Wednesday of the administration’s top advocate before the Court, Solicitor General Donald Verrilli, to allay the justices’ skepticism toward the administration’s position on Arizona’s sweeping immigration law was reminiscent of his less-than-stellar time a month ago defending the health care reform act. In both instances, a majority of the Court openly assailed the White House’s case, if not showing outright hostility toward it.
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Yes, that’s to be expected from a high court dominated by conservative jurists appointed by Republican presidents. And the fact that this dynamic appears to be on the rise suggests that a sort of legal cold war between the Supreme Court and the White House has broken out in full.
Regardless, it was clear from the get-go on Wednesday, as it was a month ago during the arguments over the health care law, that even so-called middle-ground conservative justices such as Anthony Kennedy, as well as Chief Justice John Roberts and Samuel Alito, have shown little inclination to side with the administration.
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