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Re: Executive Using Courts

Miguel Schor
Sat, 06 Feb 2010 10:18:00 -0800

Two great places to start in thinking about this issue are Mark A. Graber,
The Non-Majoritarian Difficulty: Legislative Deference to the Judiciary, 7
Stud. Am. Pol. Development 35 (1993) and Keith E. Whittington, Political
Foundations of Judicial Supremacy: the Presidency, the Supreme Court, and
Constitutional Leadership in the United States (2007).


Miguel Schor
Professor of Law
Suffolk University Law School
120 Tremont St.
Boston, MA 02108
617-305-6244
SSRN Webpage http://ssrn.com/author=469730




On 2/6/10 12:45 PM, "Kathleen Bergin" <kber...@stcl.edu> wrote:

> Are there obvious examples of a President pursuing a long-term domestic agenda
> through the courts because he couldn't get the votes in Congress to repeal
> problematic legislation?
> 
>  
> 
> Truman's court-based civil rights strategy comes to mind, but are there other
> obvious examples?
> 
>  
> 
>  
> 
> Kathleen A. Bergin
> 
> South Texas College of Law
> 
> 1303 San Jacinto Street
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>  
> 
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