Our take: Sean Trende provides an interesting analysis that shows how the Supreme Court’s ruling on the Affordable Care Act may have far longer lasting implications than just that the health care law was upheld.
In 1803, the chief justice of the United States had a problem. His hated cousin, Thomas Jefferson, had won the last presidential election. But the outgoing Federalists opted not to go gentle into that good night. The one branch of government they controlled was the judiciary, and they meant to keep it. They had passed the Judiciary Act of 1801, which allowed for several new judicial appointments.
President Adams did a remarkable job filling the appointments and getting them hastily confirmed. The so-called “Midnight Judges” by and large received their commissions. But not all of them did. Incoming President Jefferson then instructed his secretary of state not to deliver the remaining ones.
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