Home Fresh Ink Obama & the Supremes: A lesson for Trump

Obama & the Supremes: A lesson for Trump

February 6, 2017 at 6:35 am 6 Fresh Ink

President Obama’s abysmal record before the U.S. Supreme Court serves as an object lesson for President Trump in exercising executive authority.

A study by two university professors found that presidents overall have been having less success arguing cases before the high court since President Ronald Reagan, who won three quarters of his administration’s cases.

For any administration dating back to FDR, the worst record goes to Team Obama. Out of 186 cases in which the United States, the president or the U.S. attorney general was a party, the Obama administration lost half of them.

Over the course of 84 Supreme Court terms, U.S. presidents prevailed in about two-thirds of their cases before the court, according to a Washington Free Beacon report on the study.

Where Mr. Obama came up short with the court was in cases in which he wielded executive authority like a cudgel. These failed cases included the executive action granting work permits to 5 million illegal aliens and Obama’s attempt to make recess appointments to the National Labor Relations Board — while the Senate was in session.

Most embarrassing are the 10 cases in 2016 that Obama lost unanimously, meaning his own court appointees didn’t support his positions.

If Mr. Trump, in his flurry of executive orders, likewise turns a deaf ear to the Constitution, he can expect the same result. Take this as a reminder that Americans are not ruled by royalty; they’re served by presidents.


(c)2017 The Pittsburgh Tribune-Review (Greensburg, Pa.)

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  1. inluminatuo February 6, 2017 at 10:27 am

    An executive order issued to repeal a former mindless executive order is an act that puts things back in order. When things get so bad that government failure, bankruptcy and foreign terrorist invasion are on the horizon, it is better to ask for forgiveness than permission and let the good results speak for themselves. Most successful executives understand this concept. The failed ones never do or ever get good results.

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    • inluminatuo February 7, 2017 at 7:34 am

      Obama has now replaced Diana Ross with the Supremes singing
      My World Is Empty Without You
      Where Did Our Love Go
      Going Down for the Third Time

      Trump sings back
      You Can’t Hurry Love

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  2. columba February 6, 2017 at 12:58 pm

    Funny how no one warned Obama about taking liberties with the Constitution or tangling with the Supremes. Only Trump is supposed to tiptoe.

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  3. ltuser
    ltuser February 6, 2017 at 3:29 pm

    While i agree Columba they only seem to push that Trump needs to follow the Constitution, IMO this article is more of a warning to Trump.. DON’T overstep or expect to lose. Thats it…

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  4. oleteabag February 6, 2017 at 10:51 pm

    While it may “seem” that Trump is issuing a LOT of executive orders, you need to examine the orders, themselves to determine whether he is acting properly or not.

    And so far, the bulk of his orders have fallen into two categories: First, to UNDO Obama’s previously issued and ill-advised executive orders, many of which BLATANTLY strayed into the area of enacting LAWS, which is NOT the legal purview of the Executive Branch. And second, many are more like MEMORANDA, directing people in various agencies to undertake certain tasks.

    The few exceptions to these two main types–such as the EO imposing travel restrictions on travelers from countries who are KNOWN promoters of terrorism–are WELL within the Constitutional and legal authority of a President. As President Trump pointed out, even those who had LEGAL VISAS who chose to leave the country and attempt to come back in, are NOT guaranteed that they will be allowed to re-enter when they return. And when you consider how MANY Somali and OTHER Muslim immigrants have been caught attempting to travel to the Middle East to JOIN ISIS, does it NOT seem prudent to take a CLOSER LOOK at them before allowing them back into the country?

    Consider also, that except for Iran, the seven countries are ALL “failed states” with little or NO functioning government, which gives ISIS “free rein” to operate in those countries. To me, that makes Trump’s travel restriction simple COMMON SENSE!

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    • ltuser
      ltuser February 7, 2017 at 12:10 am

      Maybe that’s why so many liberals are so dead set against it.. CAUSE it is based on common sense!

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