Chief Justice Rehnquist, writing for the court, gave a nod in a footnote to the “strong dissent” Scalia and Bork put up in the D.C. Circuit cases Raines effectively overruled. Scalia joined the 7-2 majority. Simon Lazarus, senior counsel to the Constitutional Accountability Center, said that should be the end of the matter. “The courts,” Lazarus said, “have over and over made it clear that anyone in order to get into federal court to make a claim has to show a particularized injury to yourself as distinguished from a general alleged injury to the body politic as a whole.”
CAC In the News
The idea of a “glitch” in the ACA should not be so readily repeated. Instead, it should be handled as a crafty piece of conservative spin.
CAC's Elizabeth Wydra joined Bill O'Reilly on The O'Reilly Factor to discuss expected executive action by President Obama on immigration. "You've got the Constitution wrong," Wydra said, "and you're also wrong about the Supreme Court. Just two years ago the conservative Roberts court affirmed that the Obama administration has broad discretion when it comes to instituting deportation proceedings."
"I'd hope and expect Sen. Reid would move as aggressively as he can, given the limits of the lame duck session, to fill as many vacancies as possible," said Doug Kendall, president of the liberal Constitutional Accountability Center.
Elizabeth Wydra, Chief Counsel for the Constitutional Accountability Center, said, "Simply because a majority of people vote to ban same sex marriage does not mean they can ignore the guarantees and requirements of the Constitution." Wydra is among those who believe same sex couples have a "fundamental right" to marriage, based on the Equal Protection Clause found in the 14th Amendment. She remains cautiously optimistic that a majority of the Justices will agree.