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Wednesday, June 10, 2009
Courts - More on: It's over; Court clears Chrysler sale
Updating yesterday evening's ILB entry, Lyle Denniston of SCOTUSBlog followed up on his report at 7:30 pm on the Supreme Court's action with this commentary at 9:22 pm, headed "Commentary: What’s next on “bailout” law?." It begins:
In what may have been an excess of exuberance, the White House issued a statement about the Chrysler deal Tuesday night. Attributed to an unnamed White House official, it included this assertion: “We are gratified that not a single court that reviewed this matter, including the U.S. Supreme Court, found any fault whatsoever with the handling of this matter by either Chrysler or the U.S. Government….” There are some problems with that, and they are not mere legal technicalities.The state of what might be called “bailout” law has not been reviewed at all by the Supreme Court, except at a somewhat speculative level of whether there was a chance the Court would rule against the deal if it did rule on the merits. It was not convinced, at this stage, that it would do so if that time came.
Fundamental constitutional issues surround the use of federal funds in the Chrysler bailout, as do a host of questions about using the bankruptcy laws as they were in this case. They were raised in the papers filed at the Court this week, but they were not answered in any final way.
Posted by Marcia Oddi on June 10, 2009 09:44 AM
Posted to Courts in general