Channeling Taney.

Columbia historian (and one of my interlocuters two weeks hence) Eric Foner takes a gander at William Rehnquist’s new book on the disputed 1877 election, and, aside from the obvious Bush v. Gore overtones, discovers that the Chief Justice’s grasp of history is as backward as his jurisprudence. “The scholarship on which Rehnquist relies is almost entirely out of date and his grasp of the complex issues of the Reconstruction era tenuous…That the Chief Justice of the United States sees national protection of blacks’ rights as a punishment imposed on whites is disheartening.” Hmm…let’s hope Rehnquist doesn’t decide to regale us with his thoughts on Dred Scott anytime in the future.

Split Decision?

As noted yesterday, the Court heard arguments this morning on the Bipartisan Campaign Reform Act (McCain-Feingold). And, in spite of reformers’ earlier hopes, it seems Chief Justice Rehnquist was predisposed against the law, meaning that the fateful decision is probably in the hands of Justice O’Connor, as per usual. Politically speaking, I’d think this Court would have to uphold reform after thrusting themselves so deeply into the Bush v. Gore fiasco, but I guess we’ll see. (Speaking of which, on a side note, conservative zealot Ted Olsen apparently referred to his friend and fellow Richard Mellon Scaife patron Ken Starr as “Justice Starr” during the proceedings, telling him he’ll “have to wait” for his spot on the bench. Sorry, Ken, not in a million years.)