Yes, but Obama didn't do this. (I say in response to a comment of John's that has apparently been edited out). The Supreme Court did it. And the key here is Justice Kennedy. It's worth remembering that we only have Justice Kennedy on the Court because Reagan's first choice, Robert Bork, was rejected by a very wise Senate. Reagan's next nominee was forced to withdraw after people learned he had smoked dope, and then Reagan was forced to come up with a "safe" nominee because he couldn't afford a third failed nomination in a row. If Bork hadn't been such a total right-wingnut out of step with mainstream jurisprudence, the result might have been different. (Though Bork died in 2012, so perhaps Obama would have appointed his successor on the Court and all would have been well).
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