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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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One Comment

  1. instead of what they wanted to do. It was eitehr a cynical ploy they knew would never be accepted by the states or worse.the basic problem is that some folks won’t buy insurance those same folks would not buy car insurance nor homeowners insurance if they were not forced to by the states and mortgage companies.then when they need health care they go to the ERs and sign up for MedicAid both which are paid for by others.there is no unified replace that is the Republican alternative. there are ideas .. and that’s about it.It’s one thing to oppose what you don’t like or want but when your alternative is ideas from various individuals none of which would deal with the real problem.The Republicans proposal after they defeated Clinton was for an individual mandate and agreed to by folks like Tom delay and Newt Gingrich.that was 1993. In 2000 when they had the Presidency and both houses of Congress what happened to their proposal.the Republicans have zero credibility on health care after do nothing under Bush and then trying to kill Medicare.When you look, in general, as to what the Republican strategy is these days ..it’s basically opposition, with no alternatives .. do it their way or they’ll shut down /vandalize government . It would be one thing if Bob McDonnell had a viable proposal for health care in Virginia . that would empower Coochie and undermine the Fed but the man has nothing to say other than we should kill ObamaCare.that’s not governance. If the man is opposed to the govt being involved in health care at all he should say so and he and Cooch should be willing to tell the truth as their positions and stand on that for election.Instead, Republicans hide won’t say what they support just obfuscate hoping that they’ll take over govt at some point and then do nothing.. because at the heart of this they fundamentally do not believe that govt should be involved in health care to start with but they won’t face the voters with that truth.