“The Supreme Court Term and the Coming Confirmation Process”

Rick Pildes begins this interesting post at Balkinization with the observation: “By the end of June, the Supreme Court Term might well look like this: the Court will have held unconstitutional Congress’ attempt to limit corporate and union electioneering spending. By the same 5-4 majority, the Court might have held unconstitutional Congress’ response to the last financial crisis, the Sarbanes-Oxley Act, enacted in the wake of the Enron, WorldCom, and similar corporate scandals of the late 1990s-early 2000s (Full disclosure: I represent seven former Chairmen of the SEC in this case, who are arguing in favor of the constitutionality of the Act). And the Court might have held unconstitutional the criminal conviction of the man who more than anyone else, is the most visible face of those corporate scandals: Jeffrey Skilling, the former President of Enron. Think about that picture: Congress’ effort to legislate in the wake of the last corporate scandal, unconstitutional.”

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