Adam Winkler: Obama’s Terrible, Awful, Horrible Year at the Supreme CourtRoundup: Historians' Take
tags: Barack Obama, Supreme Court, Adam Winkler, Daily Beast
Adam Winkler is a constitutional-law professor at UCLA.
While the country waits (and waits and waits) for the Supreme Court to announce its decisions in what court watchers are calling the Big Four—the two gay-marriage cases, the affirmative-action case, and the Voting Rights Act case—one thing has already become clear by the court’s decisions: the Obama administration has had a lousy year in the high court. While the administration has certainly won some cases, more often than not the court has rejected the administration’s arguments. On Thursday, for example, the court announced three decisions, rejecting the Obama administration’s arguments in each one.
In fact, this year may turn out to be one of the worst ever for the United States government at the Supreme Court.
Historically, there is no single litigant more successful in the Supreme Court than the United States. The court usually pays special attention to the arguments of the government’s representative, the solicitor general, whose office is known to have the best lawyers and the longstanding respect of the justices. Studies show that, in the past, the solicitor general won approximately 70 percent of its cases in the Supreme Court. That’s why the solicitor general is often referred to as the “10th justice.”
This term, however, the executive branch has lost far more cases than it has won. Although there are still some decisions to come—and one or two cases are mixed decisions that are hard to categorize—so far the court has clearly decided 24 cases in which the United States was a party. Fifteen of those cases went against the government, while only 9 sided with the administration. That’s a winning percentage of only 37 percent—a huge drop from historical patterns....
comments powered by Disqus
- Rubio Surges Into Second In New Hampshire
- Branstad Says Cruz Ran ‘Unethical’ Campaign
- Christie Highlights Santorum’s Endorsement of Rubio
- Portman Comes Out Against Trade Deal
- Megyn Kelly Gets a Book Deal
- A Big List of the Bad Things Clinton Has Done
- An Unambiguous Sign Sanders Won Last Night’s Debate
- Still Friends at the End
- Quote of the Day
- Trump Still Leads as Clinton Slips
- Clinton Can’t Shake Image as Wall Street’s Friend
- Maddow Doesn’t See Sanders Winning
- Why Does the Media Still Shield Chelsea Clinton?
- Bush Jokes His Mother May Have Abused Him
- Rubio Closes the Gap in New Hampshire
- Humans Hard-Wired to Teach, Anthropologist Says
- Parents outraged after students shown ‘white guilt’ cartoon for Black History Month
- Maryland is once again considering retiring its state song
- One of the last remaining Nazis goes on trial in Germany
- Inside story finally told of the young US diplomat who cracked the case of the murder of 4 nuns in El Salvador in 1980
- Historian at the center of Sanders-Clinton debate
- James Loewen Says Additional Baltimore Confederate Statues Should be Removed
- NYT History Book Reviews: Who Got Noticed this Week?
- A historian’s advice to students thinking of getting a PhD in a tough economic climate
- German historian Heinz Richter cleared of charges