The US Supreme Court used to be the strongest of the three limbs of the US government. It can declare an executive order of the president invalid. That is, until Trump comes along.
Having learned from his first term, Trump hits the ground running in his 2nd term. And the US Supreme Court can’t keep up.
Trump issued so many orders that many moons have to pass before the case moves up the ranks to be heard by the Supreme Court.
A case in point is the recent decision by the Supreme Court to declare the tariffs imposed by Trump on nations worldwide invalid in excess of presidential power.
The decision was 6-3. The dissenting judges are the arch-conservative judges Clarence Thomas, Samuel Alito, and Brett Kavanaugh.
To be appointed as a US Supreme Court judge is a dream of all top litigators. It is a job that one prepares for right from law school.
In Supreme Ambition by Ruth Marcus, we are told how Kavanaugh and his supporters pushed and cajoled for his appointment.
Firstly, he is vetted by the Federalist Society. This society vets and nominates judges who are conservative in outlook for high office. Their entire career is tracked for consistency in outlook to avoid previous occasions when a judge is nominated based on his conservative position, only for him to side with the liberal judges after appointment or having tasted from the cup of power.
Chief Justice John Roberts is a case in point. To me, the burden of office as Chief Justice has caused him to decide based more on the letter of the law and less on his philosophical outlook.
Brett Kavanaugh wrote the dissenting judgment. With time, we can tell if he will be true to his calling or not.
This book is briskly narrated. It is recommended that if you wish to know how a lawyer prepares himself to have a shot at being elected as a Justice of the US Supreme Court.
The other two books here are on the Burger Court and the Roberts Court. Both are interesting.
LWH, 9th day of CNY
