The Obama administration and the Democratic Congress are pursuing widespread regulatory change. Now that health care reform is passed, they are turning to financial regulations.
But this legislative blitzkrieg creates many statutory and administrative questions that are sure to lead to countless appeals to the federal judiciary for interpretation and relief.
What the Obama administration and the Senate seem to be missing is that, in the end, it all comes down to the judges.
Sure, the battles must first be fought and won in the halls of Congress. But once the legislative dust settles, the struggle turns to the courts. There, legislative victories can turn to vapor.
The Democrats have sought to repudiate the politics of President George W. Bush in almost every way imaginable. But, given the current pace of judicial nominations and confirmations, it looks like Bush’s judges will have the last word.
Wednesday, April 14, 2010
Judges
A good follow-up to my post on the court yesterday, from Politico, Revolutions are lost in the courts:
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