“Naked power grab”

That’s how NYT op-ed writer Linda Greenhouse describes the outrage of the Supreme Court granting review of a lower court ruling:

This is a naked power grab by conservative justices who two years ago just missed killing the Affordable Care Act in its cradle, before it fully took effect. When the court agreed to hear the first case, there actually was [post-hoc rationalization omitted] . . .

Not so this time. There is simply no way to describe what the court did last Friday as a neutral act. Now that the justices have blown their own cover. . .

I’m certain that Linda Greenhouse is aware that the Supreme Court can review any lower court ruling it chooses, and indeed it is its duty to do so. This idea that the Supreme Court can only review a ruling when there exists a circuit split is not only wrong, it’s just plain strange. In many of the left’s most celebrated cases (e.g., Brown v. Board of Education or Roe v. Wade.) there was no circuit split, nor even a ruling from the appeals court.

POSTSCRIPT: The main body of the piece is a plea to Chief Justice Roberts to rule for Obamacare again, which would be pathetic if it hadn’t already worked once. Having knuckled under once already, Roberts will face no end to pressure. We’ll see if he wilts again.

POST-POSTSCRIPT: By the way, a naked power grab is one party pushing through a far-sweeping bill they haven’t even read, with no votes from the opposition party, and making full use of every one of their tainted Senate seats (Franken (MN), Begich (AK), Kirk (MA), Specter (PA)), after the voters have already repudiated the bill.

UPDATE: Orin Kerr adds Lawrence v. Texas as a recent case without a circuit split that Greenhouse specifically celebrated.

(Via Althouse.)

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