this lawsuit, the one that is forthcoming apparently from john boehner, almost certainly won t be about any of that. no, this has more to do with moves like drafting an executive order requiring private firms that get government contracts not to fire people because they re gay. and that after congress refused to take action on the same issue. that, my friends, that is a sort of tyranny republicans appear to want to go to court to stop. joining me now, dahlia lithwick, senior editor at slate.com where she covers the supreme court. you know what my favorite thing about supreme court decision day is, i know there s a dahlia column coming. it s my favorite thing about big decisions. sit there clicking refresh. the nlrb decision, unanimous decision, was this a surprise to you? yeah, if you had told me this morning at 8:00, chris, that we were going to get both canning the nlrb decision and the abortion buffer zone decision and they were going to be unanimous, both of them, i would have sa
not two decisions we thought were going to come down 9-0. a strange, strange today. today in my column, i coined the phrase fauxnanymous. of course, because these decisions have been made we had a unanimous decision yesterday as well. the decisions have been unanimous, but then they ve had concurrences that basically say, here s my real feeling about this whole thing. in the case of the appointments, i mean, what struck me as strange is you got your three branches. you got your white house, you got your congress, you got your supreme court. this seemed like one of those fights between the white house and congress that supreme court is very careful about stepping into and yet here they did, they just charged right in. right. not only did they charge in, but then they proceeded because there s no precedent, right? there s we don t have a heap of case law about the recess appointment power. and so then it really just turns into a fight about, you know, first of all, what the word
is, i know there s a dahlia column coming. it s my favorite thing about big decisions. sit there clicking refresh. the nlrb decision, unanimous decision, was this a surprise to you? yeah, if you had told me this morning at 8:00, chris, that we were going to get both canning the nlrb decision and the abortion buffer zone decision and they were going to be unanimous, both of them, i would have said you were drunk. not two decisions we thought were going to come down 9-0. a strange, strange today. today in my column, i coined the phrase faux-nanimous. of course, because these decisions have been made we had a unanimous decision yesterday as well. the decisions have been unanimous, but then they ve had concurrences that basically say, here s my real feeling about this whole thing. in the case of the appointments, i mean, what struck me as strange is you got your three branches. you got your white house, you got your congress, you got your supreme court. this seemed like one of those