For the liberal lawyer trifecta, if you count Laurence Tribe, too.
George Washington University professor Jonathan Turley declares it an awful 10 days for Obama administration legal philosophy, having been rebuked on the 4th Amendment in the cell phone case, the 1st Amendment in the Hobby Lobby case, and on separation of powers in the recess appointments case:
Obama explained his decision Monday by declaring, “I take executive action only when we have a serious problem, a serious issue, and Congress chooses to do nothing.”
“Well,” Toobin reacted, “that’s not necessarily the way the Constitution set it up. He can only act when Article 2 of the Constitution says the president has the authority. He can’t allocate money.”
Click over to the Daily Caller for a bonus clip of Toobin telling CNN’s Carol Costello that the president did, indeed, lose in the recess appointments case. Costello is comically unable to accept this fact:
The decision wholly invalidates President Obama’s argument that he can move around Senate blocks on judicial and other appointments as long as the legislative body is idle — but not in recess — when he makes his move.
But Costello couldn’t accept the defeat. “So as usual, Jeffrey Toobin, this is a more complicated decision,” she said. “It’s just not black and white. Cause I guess you could say the president lost . . . but did he?”
“Yeah, he lost,” Toobin replied quickly. “There’s no doubt.”
“Well he lost in this particular case,” she admitted plaintively. “But overall, right?”
“Well . . . no, he lost overall,” Toobin insisted. “I mean, there’s no question this is a win for Congress and a defeat for President Obama.”