Toobin's "The Oath" Released Today

September 18, 2012
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New book, by Jeffrey Toobin, describes recent battles between the White House and the Supreme Court.

Today, Jeffrey Toobin’s new book, “The Oath: The Obama White House and the Supreme Court” was released.  Toobin, CNN senior legal analyst, and writer for The New Yorker, has written several books, including “The Nine:  Inside the Secret World of the Supreme Court.”  Now, he tackles the ideological war between President Barack Obama and Chief Justice John Roberts.  Interestingly, Toobin describes Obama as the conservative, looking for small slow changes, while Roberts is aiming to quickly overturn decades of previously established law.  Of course, the conflicts between the White House and the Court were most obvious over last year’s historic case involving the Affordable Care Act.  Roberts cast the deciding vote in that case, stating that “Obamacare” was constitutional, but not because of the Commerce Clause, which allows Congress to control interstate business and trade, but because it was a tax, and Congress does have the right to levy taxes.  Toobin describes the last minute change of opinion by Roberts, who many thought would overturn the law.  He also discusses why Justice Kagan, the Solicitor General under Obama, did not recuse herself for the Accountable Care Act case.  Normally, if someone previously participated in the creation or legal defense of a law, the would have a conflict of interest as a sitting justice.  Here however, Kagan, as Solicitor General, intentionally avoided participating in any talks over a future legal defense of the law.  Therefore, two years later, as Supreme Court Justice, she was able to sit as one of the five justices who cast votes in favor of the law.  Mr. Toobin will speak about his book on October 3rd at the Springfield Public Forum, in Springfield Massachusetts.

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