With Debate Looming, Analysts Ponder SCOTUS’s Future

n-SUPREME-COURT-large570SUPREME COURT HANGING IN THE BALANCE: With the first presidential debate set for tonight, court-watchers’ focus on how the election will affect the Supreme Court is intensifying. In a piece for The New York Times,  Adam Liptak notes:  “In Chief Justice John G. Roberts Jr.’s 11 years on the Supreme Court, his unfolding legacy has been marked by a debate over whether his very occasional liberal votes in major cases were the acts of a statesman devoted to his institution, a traitor to his principles or the legal umpire he said he aspired to be at his confirmation hearings. This election could settle that debate.”  Meanwhile, Jeffrey Toobin posts a comprehensive analysis of a Supreme Court “In the balance” at The New Yorker, noting, “The Supreme Court has leaned right for decades. Is that about to change?”

SCOTUS WEIGHING JOHN DOE CASE:  Also at The New Yorker, Lincoln Caplan has a piece on why the Supreme Court should take up the appeal of a Wisconsin Supreme Court ruling halting the so-called “John Doe” investigation involving Gov. Scott Walker’s recall election. Caplan writes: “The case is about the seemingly peripheral issue of judicial recusal. But it brings together two of the biggest disrupters of American democracy today: the surge, after the Citizens United decision struck down limits on independent spending, of private influence in elections; and the politicization of the highest courts in many states. For the past eight years, Wisconsin has been a laboratory testing the toxicity of this combination.”