The decades-old documents provide a fresh look at how worried the court was in the late 1990s about being cast as yet another political institution in a Washington that was becoming increasingly divided among partisan lines.
Stevens, however, went on to say that “it is appropriate to make it clear that we regard the arguments put forward on behalf of the President as serious submissions, and not just a gimmick to stall the case until after the election.” And he raised concern about what he described as the court’s duty to show respect toward the Executive Branch.
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