Arlen Specter tells union demonstrators they will be "satisfied" with his vote on card check. Peter Kirsanow thinks this is fairly ominious for card-check critics, as does John McCormack . I tend to agree. But is Specter really the only swing vote, or only the most rivetingly craven ? ... 3:14 A.M.
DDog Bites Man: Mark Blumenthal catches MyDD 's Jerome Armstrong saying something foolish about the Virginia gubernatorial primary (the Mackerdammerung ). ... Update: McAuliffe crushed . Cafe Milano sets prix fixe shiva . (Wine not included.) ... 3:10 A.M.
SCOTUSblog on why we shouldn't get too excited about Justice Ginsburg's delay of the Chrysler deal. (One reason: "The wording of Ginsburg's order - 'stayed pending further order' - is the conventional way by which a Justice or the Court carries out an action that is expected to be short in duration, and not controlling - or even hinting at - the ultimate outcome.") ... Second Thoughts: FIAT's Sergio Marchionne removed a major obstacle to a Supreme Court intervention by declaring FIAT wouldn't walk away from the deal even if the June 15 deadline passes . (There had been informed speculation that the Court wouldn't want to get involved if it would then get blamed when FIAT bailed and the deal collapsed). ... Plus I talked with a veteran Court-watcher who made these points: 1) You know that Scalia and Thomas would like to intervene; 2) Roberts and Alito would probably want to intervene if they thought there's a chance of getting a fifth vote; 3) The issue isn't just bankruptcy law, it's the balance of executive and legislative power. The Obama administration, thanks to its expansive interpretation of TARP authority , now has tremendous power to make industrial policy without Congressional approval . On GM, for example, you'd think the crucial issue would be whether Congress will authorize subsidizing the "new" GM beyond the $50 billion already committed. But if the administration has authority to keep funneling TARP funds to automakers as well as banks (and if the banks start repaying billions that can then be redirected to Detroit) it may never have to go back to Congress to ask for more money, no? This would be the sort of issue the Court might want to confront even if it weren't, you know, embarrassingly results-oriented. ...
Update: Never mind . ....
P.S.: Doesn't Marchionne's pledge contradict the Obama administration's consistent position during the Chrysler bankruptcy , which was that everyone had to hurry up in part in order to prevent FIAT from walking away on June 15? ...
Do not follow me on twitter . ...The range of short posts that are good enough to twitter but not good enough to blog seems pretty narrow. Doubt I've hit it yet. ... 2:58 A.M.