Experts say that legally the healthcare case is a close call. If so, the outcome may turn on whether the justices are inclined to give the president the benefit of the doubt, or whether they believe it’s time to rein him in.
Obama’s bold decision to press ahead with his immigration order in the wake of the GOP victories in the midterm election will not escape the attention of the court’s conservatives.
Shapiro said the new immigration plan will “confirm the chief justice’s view” that the court should not allow the administration to revise laws passed by Congress.
Many presidents have been stung when the Supreme Court turned against them for overstepping their powers.
After the Sept. 11 attacks, Bush enjoyed broad support for his “war on terrorism.” But when Bush brandished his power as commander in chief and insisted he alone set the rules for detained terrorists, the high court turned against him.