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 Great Debate
On Monday the Supreme Court decided its most anticipated case of the year. According to a sharply divided 5-4 court, the government cannot compel a closely-held corporation to provide contraceptive coverage as part of its Affordable Care Act-mandated employee insurance plans.
The door is open for Congress to repair the nation’s most transformative election law, which was neutered by the U.S. Supreme Court a year ago today.
from Stories I’d like to see:
1. Obama’s unaccountable briefers:
Here’s a key paragraph in Saturday’s New York Times report explaining the Obama administration’s decision to delay yet again a decision on the Keystone pipeline:
Chief Justice John Roberts’ first sentence of his majority opinion in McCutcheon v. Federal Elections Commission, striking down important limits on campaign contributions, declares “There is no right more basic in our democracy than the right to participate in electing our political leaders.”
On Wednesday, the Supreme Court handed down its most important decision on campaign finance reform since Citizens United. The decision, McCutcheon v. Federal Election Commission, seemed to divide along familiar ideological lines, with Chief Justice John Roberts writing the majority opinion for five conservatives and Justice Stephen Breyer, writing the dissent for the four liberals.