Those of us who have been in the courtroom when the U.S. Supreme Court has conducted its sessions over the past decades will certainly recall the fairly tall guy in the fancy suit guiding the lawyers, press, and audience members where to sit, what to do, and the like. That was the Clerk of the Court, William Suter, who recently retired from the job after a number of years doing it.
He's now a visiting fellow at the Hoover Institution, and has authored this short piece, "Executive Power on Steroids." where he posits that "[i]n four recent Supreme Court cases, the Obama administration takes a crabbed view of individual rights." Two of the four cases Gen. Suter writes about (see, he's also a retired U.S. Army Major General) are decisions with which we are familiar, Sackett and Arkansas Game and Fish:
What do these cases have in common? First, the government lost all four in unanimous decisions. Second, each case dealt with a government infringement on a fundamental right—freedom of religion, the right to be free from unreasonable searches, the right to enjoy private property and due process, and the right to compensation when the government takes your property.It is rare for the executive branch to lose four cases dealing with fundamental rights in unanimous decisions in one term. Those who believe in the Constitution and the rule of law should feel uneasy about the administration’s positions in these cases. The positions taken by the government suggest bullying and strong-arm tactics.
Wer'e certainly not going to disagree with either a guy in morning coat, or an Army uniform. Or in Suter's case, both. Worth reading.
