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To: agere_contra
“At the same time, stare decisis is neither an ‘inexorable command’… nor ‘a mechanical formula of adherence to the latest decision’ … especially in constitutional cases," he wrote. “If it were, segregation would be legal, minimum wage laws would be unconstitutional, and the Government could wiretap ordinary criminal suspects without first obtaining warrants.”

How on earth can he say minimum wage laws are constitutional?

4 posted on 01/25/2010 9:55:31 AM PST by Huck (Q: How can you tell a party is in the majority? A: They're complaining about the fillibuster.)
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To: Huck
How on earth can he say minimum wage laws are constitutional?

Federal or State? I can see how state minimum wage laws could be constitutional, but I have more trouble seeing how federal ones could be.

7 posted on 01/25/2010 9:59:12 AM PST by AndyTheBear
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To: Huck
... minimum wage laws are constitutional

If this were a politician speaking then you would be right to infer that, but this is a Supreme Court judge.

He only said that "if X then Not Y". It would be unwise to read implication of Y from his statement. IMHO he's gently bringing along the other Supremes, herding them like cats, giving them the arguments that allow them to admit the truth - that Stare Decisis is not immutable.

I could be wrong of course. But I think Roberts wins one battle at a time.

14 posted on 01/25/2010 10:15:57 AM PST by agere_contra
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