Bush's Man Mukasey

Will the Supreme Court also bow low to the president?

Rubenfeld added that beginning with Marbury v. Madison in 1803, "the Supreme Court has enforced the principle that laws trump presidential authority, not the reverse."

We will know by the end of the court's term next year whether this Supreme Court (described by some as "Bush's legacy" because of his appointment of conservative "strict constructionists" John Roberts and Sam Alito) will continue to enforce the essential American principle that none of us is above the law—not even the person who strides to the music of "Hail to the Chief."

And if I'm right, and Mukasey does become our next chief law-enforcement officer, the votes to assure his confirmation—by Democrats as well as Republicans—will once again show that "We, the People," deserve better than the leaders of both our parties, including the present Democratic congressional leadership. As Justice Louis Brandeis warned: "Courage is the secret of liberty." Have you seen courage on these matters in the leading candidates for the presidency?

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