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Is the Court a policymaking body?

If so, how have presidents maneuvered around it or deemphasized it?

  • Growth and bureaucratization

of the White House staff

  • Growth and bureaucratization

of the Justice Department

  • Growth in size and influence of the

federal judiciary

  • Divided government
  • Increased participation by IGs
  • Increased media attention
  • Advances in legal research technology

Why did Obama choose to nominate Sotomayor and Kagan?

1. Deemphasis on the judiciary?

2. Polarization?

3. They were "home runs?"

4. Unreceptivity of progressive policies?

Trinity Lutheran Church of Columbia v. Pauley

Lynch v. Morales-Santana

McRory v. Harris

Fry v. Napoleon Community Schools

Buck v. Davis

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