Abstract

The article examines the prospects of the clash between the administration of President Obama and the Supreme Court presided by Chief Justice John Roberts. It presents the main assumptions about the connection of the Supreme Court to politics, arguing that it cannot be strictly neutral in its decisions. Next section describes the most contentious issues that are currently facing the Court that have the potential to spark a controversy with the administration. This is followed by a list of several moderating factors that have the capacity to prevent the conflict from escalating. The article concludes with discussion of the critical factors that will determine the scope and intensity of the already existing rivalry.

Introduction

The carefully structured balance of power between the executive, legislative as well as judicial branches has been one of the most admired features of the U.S. Constitution. Keeping of the balance involves constant pushing and pulling among the three branches. At times, the underlying conflicts are subdued and hardly noticeable to public eye, but in others they can seriously disrupt the government and paralyze the political system. Most attention is usually paid to conflicts between the executive and the legislative, which have the form of presidential vetoes, threats of impeachment or even government shutdowns. These crises are usually settled through the electoral process, as both parties are accountable to the public for their actions and fear public backlash if they are seen as wantonly obstructing effective governance.