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...confidence about the most audacious undertaking of his presidency. "For those naysayers and cynics who think that this is not going to happen," he said on July 13, "don't bet against us." The next hurdle is to get a bill through the House and Senate by the time Congress adjourns for its August break. White House officials concede that missing that deadline could throw the entire exercise off track, because it would give opponents a month to undermine it. Says one: "If we don't get it done before the August recess, it will be subject...

Author: /time Magazine | Title: Time for Obama to Step In? | 7/16/2009 | See Source »

...opinions as an appellate judge, she sounds like Justice Antonin Scalia in her insistence that judges should avoid policy considerations at all costs. "The duty of a judge is to follow the law, not to question its plain terms," Sotomayor wrote in a 2006 dissent. "I trust that Congress would prefer to make any needed changes itself, rather than have courts...

Author: /time Magazine | Title: What's Wrong with Judges Legislating from the Bench? | 7/16/2009 | See Source »

...last month, one involving voting rights and the other affirmative action. In the voting-rights case, Chief Justice John Roberts produced the most impressive example of judicial statesmanship of his tenure by persuading all but one of his fellow Justices to converge around a result that never occurred to Congress when it passed the Voting Rights Act in 1965. A prudent demonstration of judicial policymaking, the decision was widely praised by liberals and conservatives for inviting a dialogue with Congress and avoiding a high-stakes confrontation over the constitutionality of the Voting Rights Act. (See the top 10 Supreme Court...

Author: /time Magazine | Title: What's Wrong with Judges Legislating from the Bench? | 7/16/2009 | See Source »

...praised by conservatives - for inventing a new legal standard to determine when cities can throw out promotion exams that have discriminatory effects on minority firefighters. Whether or not you like the decision, there's no question that the court was making policy, coming up with a pragmatic rule that Congress never passed...

Author: /time Magazine | Title: What's Wrong with Judges Legislating from the Bench? | 7/16/2009 | See Source »

...June 24, CIA Director Leon Panetta made a confession. For the past eight years, the agency has been running a top-secret unit to assassinate or grab members of al-Qaeda. The program was deliberately kept from Congress - supposedly on former Vice President Dick Cheney's orders - and Panetta stopped it as soon as he heard about...

Author: /time Magazine | Title: The CIA Is Keeping Secrets. Hello? | 7/16/2009 | See Source »

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