Historically, most judicial nominees, especially those for district court seats, got confirmed “pretty easily,” said Doug Kendall, president of the Constitutional Accountability Center. Democrats are, of course, hardly blame-free when it comes to blocking Republican judicial nominees. But this time, Kendall noted, “it took the nuclear option” to break through the solid GOP opposition to Obama’s nominees.
CAC In the News
This case is aided not only by the strength of [Young's] arguments, but actually by the division within the conservative legal movement," Brianne Gorod of the Constitutional Accountability Center told CBS News. "In cases where you see surprising briefs filed, those can get the attention of the justices and have an impact."
Chief Justice Roberts should be concerned about institutional legitimacy in this case,” said Elizabeth Wydra, chief counsel of the Washington-based Constitutional Accountability Center. It’s up to him to “secure the court’s reputation as the one place in Washington that remains above politics.”
"This is an important case for the court," says Brianne Gorod, appellate counsel at the liberal Constitutional Accountability Center. "The Roberts Court has often ignored the realities of the workplace to privilege employers over their female employees."
This is the crux of the Justice Department's argument, and [CAC Senior Counsel Simon] Lazarus said it's the stronger one: Essentially, not to concede that Congress wrote something, intentionally or not, that looks like it limits subsidies to state-run exchanges. What Congress wrote, he argues, is the entire ACA, and focusing the analysis at that level makes it less important to figure out whether "established by the State" was a mistake and whether it's one the courts can correct. "The Affordable Care Act has significant textual provisions that collide directly with the opponents' interpretation," he said.