By World News Service
(WNS) – Conservative legal scholars can’t seem to agree: Is Chief Justice John Roberts crazy, or crazy like a fox?
Those who think Roberts’ healthcare opinion June 28 was clever have compared it to Chief Justice John Marshall’s landmark opinion in Marbury v. Madison, which recognized the power of judicial review. In that 1803 opinion, Marshall threaded a needle when his court was pitted against his political adversary: President Thomas Jefferson.
Marshall’s opinion established the Supreme Court’s power of judicial review but also ruled that the court lacked jurisdiction to rule against Jefferson’s administration in that specific case. So he skipped a bashing of Jefferson but expanded the court’s power.