As President Obama maneuvers to advance his agenda around unrelenting opposition from House Republicans, he is accelerating a dynamic that could reshape the power balance between the White House, Congress, and the courts long after he’s gone.
Continuing a pattern followed by George W. Bush, Obama is increasingly implementing his priorities through unilateral action, like executive orders and regulation, rather than legislation. That choice diminishes the ability of congressional opponents to derail Obama’s ideas. But it increases his risk that the courts—in particular the five Republican-appointed Supreme Court justices—will block him. In other words, as he reduces his vulnerability to John Boehner, Obama is increasing his exposure to John Roberts. CONT.
Ron Brownstein, National Journal