Mitch McConnell, Judicial Activist
The Senate minority leader seeks majority opinions.
Apr 28, 2014, Vol. 19, No. 31 • By TERRY EASTLAND
Members of both parties have taken the amicus route—Democratic senator Sheldon Whitehouse, for example, joined John McCain in an amicus filing (at odds with McConnell’s position) in American Tradition Partnership. Still, Democratic members of Congress are not as active in filing amicus briefs as Republican members are, perhaps because Republicans see more opportunities to advance their legal views in the cases the Court accepts—
As for whether the justices read the members’ amicus briefs, McConnell has wondered about that himself,
McConnell is looking forward to the balance of the term, and would delight in a victory in each of the four cases he and his colleagues have entered, but especially in Noel Canning, the recess appointment clause case. As he explains, “It would be a pretty big brushback pitch against a president who has rather expansive views of what he can do across the board.”
Terry Eastland is an executive editor at The Weekly Standard.
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