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from The Great Debate:

Despite Scalia, Supreme Court sends Obama a progressive message

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In a decision widely perceived as a setback for President Barack Obama last week, the U.S. Supreme Court rejected the president’s recess appointment of three members of the National Labor Relations Board. Though the ruling could mean Obama never makes another recess appointment, the court’s reasoning is a substantial victory for progressives. It decisively rebuffs the wrongheaded, rigid brand of originalism that argues only the framers’ original intent is relevant in interpreting the Constitution -- which conservative justices have supported for decades.

The court’s judgment was unanimous, yet the two separate opinions issued highlight the deep ideological fissure dividing the four conservative justices from the five who joined the court’s opinion. A majority of justices embraced a pragmatic reading of the Constitution, taking account of the nation’s rich experience over the past 225 years. That approach is far removed from the conservative justices’ unrealistic insistence that the Constitution is frozen in the late 18th century.

This starkly divided faux-nanimous decision, as Dahlia Lithwick labeled it in Slate, is the latest public conflict between the radical justices on the right, led by Justices Antonin Scalia and Clarence Thomas, and the more moderate traditionalists on the high bench. Scalia, as his opinion reflects, is the senior justice promoting the twin doctrines that the Constitution’s meaning was not only fixed in stone in 1789 but is also based on the literal words in the text.

True, the framers’ intended meaning, as presented in the text, is an important starting point. But it is unrealistic and ultimately destructive to insist that courts must close their eyes to the nation’s intervening experience -- including the evolution of the government’s political branches, astonishing changes in technology and the needs of modern society.

from Stories I’d like to see:

The commencement speech market, Obamacare job bonanza, and recess appointment gridlock

1.  The commencement speech market:

It’s my guess that the most sought-after commencement speaker this season is former Secretary of State Hillary Clinton. How many invites did she get, and how does that compare with other top names? And did she accept any? Is she getting paid? Especially now that Benghazi has come back into the news, has she set any ground rules related to the appearance, such as whether she will be available to the press before or after the talk?

Who else is a top drawer graduation speaker this year? And who, in terms of gravitas or lack thereof, is this year’s most unlikely pontificator?

from The Great Debate:

Asserting the Senate’s power

A three-judge panel on the D.C. Circuit Court of Appeals last week unanimously ruled that President Barack Obama violated the Constitution when he made recess appointments to the National Labor Relations Board (NLRB) last year.

The court agreed with the argument outlined in an amicus brief submitted by Senate Majority Leader Mitch McConnell (R-Ky.), myself and 40 of our Republican colleagues. We argued that the Constitution does not empower the president to determine when the Senate is in recess.

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