Unleash the Hounds

Toobin?s reporting, based upon unnamed sources, tells a different story: That spring, the court?s conservative majority of five was ready to overturn the earlier cases upholding limits on corporate money in elections. In response, he reports, ?Souter wrote a dissent that aired some of the Court?s dirty laundry. By definition, dissents challenge the legal conclusions of the majority, but Souter accused the Chief Justice of violating the Court?s own procedures to engineer the result he wanted.? Toobin doesn?t give details, but one point Souter was likely making was that the court was violating its rule against deciding issues the parties didn't raise and the court didn't ask them to address. Roberts, worried that Souter?s ?bridge-burning farewell? would ?damage the Court?s credibility,? maneuvered to have the case rebriefed and reargued the following term, which would remove the objection that the conservative majority was sandbagging the moderate-liberal minority.

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