This year’s Supreme Court session hasn’t been kind to the Administration of President Barack Obama.
In an analysis of cases pleaded before the High Court between 1985 and 1997, Economics Professor Linda R. Cohen and Law Professor Matthew L. Spitzer found:
Studies of public litigation at the Supreme Court find that the government tends to prevail and that it is more successful than the petitioner or respondent…The pattern is striking: the government wins in over 70 percent of the cases where it is the petitioner, and it wins in just under 60 percent of the cases where it is the respondent.
The Obama Administration, however, can only dream of those kinds of numbers. The Daily Beast has pegged his batting average at .370 before SCOTUS over this year’s court session, which started last October and ended this week. Not so hot, especially when you consider how well other Presidents have fared.
Worse, though, is the disproportionate number of times the Supreme Court’s decisions against the President haven’t featured even a single dissenting opinion, as noted Wednesday in the Washington Times:
Ilya Somin, a constitutional law professor at George Mason University, said it is striking to take into account the number of times the Obama administration has been on the losing end of unanimous decisions.
“When the administration loses significant cases in unanimous decisions and cannot even hold the votes of its own appointees — Justices Sonia Sotomayor and Elena Kagan — it is an indication that they adopted such an extreme position on the scope of federal power that even generally sympathetic judges could not even support it,” said Mr. Somin, adding that presidents from both parties have a tendency to make sweeping claims of federal power. “This is actually something that George W. Bush and Obama have in common.”
That observation corroborates one of the central features of bipartisan American politics: fundamentally, party politicians differ only over how most effectively to manipulate public opinion – and, it appears, judicial opinion – to their benefit. Obama has successfully gamed the public in consecutive Presidential elections. But he stinks at gaming his intellectual peers (or, perhaps, his superiors) on the bench who, like the President, hold J.D.s with specialization in Constitutional law.