Judging by the tells, I’d say he has a weak hand. On this and re-election.
From today’s WSJ op-ed wondering if the president had ever taught Marbury v. Madison:
“As he runs for re-election, Mr. Obama’s inner community organizer seems to be winning out over the law professor.”
I have my doubts that going all Alinsky on SCOTUS will work, but it may be all he knows to do. This most recent example reinforces an argument made here before: the administration’s cavalier attitude towards separation of powers will likely create a little institutional push-back.
If I were a justice on the fence, weighing the merits which tilt towards overrule against my reluctance to “interfere,” I’d look at this, and the call out at the SOTU, and the Speaker’s response (“Are you serious?!) when queried about the Constitutionality of it all, and I’d think: these other branches are a little drunk with power, time to remind them of checks and balances.
Someone up there must realize this. Perhaps they want the campaign issue and the mulligan they believe will come with re-election. Or maybe it’s just the reflexive political habits learned in Chicago, a one-party-town where bullying is often the coin of the realm.