Monday, October 5, 2009

The Supremes, back at it . . .

The front page of today's The New York Times sports an article slugged, "New Court Term Hints at Views on Regulating Business." In it, Michael W. McConnell, a former federal appeals court judge who is now director of the Stanford Constitutional Law Center, is quoted as saying,
“Every time in American history when you see a consequential administration,you see a heightened tension between it and the court.”
The article goes on to point out that by the time the court goes on its summer break, 25 or the 45 cases they will have heard will concern business issues. Last year 16 of 42 revolved around business.

What's at stake in these cases is government's ability to rein in the Reagan-esque deregulation of business practices that's played out over the last three decades. Since the deregulated ways of Big Business are now largely credited with bringing on our current Great Recession, the basic question the Court has to consider is what can the Federal Government do in the way of re-instituting oversight.

If you breathed a sigh of relief when the helicopter bearing the just-retired George W. Bush lifted off from Washington last January 20th, perhaps it's time to un-sigh, for his administration will remain a potent force in this country as long as we have the conservative Roberts Court.

If you are in despair over our current administration's and Democratic Congress' attempts to "meddle" in free enterprise, the thought of the Roberts Court should make you take heart.

Does Big Business know what's best for the rest of us? Think what you will, it's all up to how those 9 people in black robes think the Constitution answers that question. Back to Mr. McConnell's remark, the tension between the Judicial Branch and the rest of the Federal Government is likely to run pretty durn high. Nina Totenberg get ready!

Any thoughts about all of this?

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