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Thursday, May 28, 2009
Ricci v. McCormack
Some of the attention focused on Judge Sotomayor's position in the Ricci case has discussed the likelihood that the Supreme Court will take the opposite view within the coming weeks, in the middle of the confirmation process. If that is so, I imagine some writers will take the view that being reversed in a high-profile case says something pertinent about whether Sotomayor is worthy of confirmation, or that it is a deliberate public blow against Sotomayor by the Court, one that is warranted or unwarranted depending on one's viewpoint. I thought it might be worthwhile to remind readers of a similar incident, one that is interestingly recounted in Woodward and Armstrong's book The Brethren. The tale concerns Chief Justice Warren Burger. A week after his confirmation, and one week before his swearing in, the Supreme Court announced its decision in Powell v. McCormack, holding that the House could not deny Adam Clayton Powell his seat for reasons that fell outside the scope of the Qualifications Clause. The decision overturned an opinion written by then-Judge Warren Burger.
Posted by Paul Horwitz on May 28, 2009 at 01:41 PM in Paul Horwitz | Permalink
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