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To: KeyLargo

Look, Robert’s take on the Arizona law was a reasonable take on issues which intelligent people of good will can differ.

The Obamacare case is new ground for the Supreme Court. The Supremes high point in what constitutes the limits of the Interstate Commerce Clause in the Constitute Clause is Wickard v. Filburn. A synopsis of tha case can be found here:

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0317_0111_ZS.html

Wickard has been the most far-reaching case for where the Interstate Commerce Clause extends for 70 years. Obamacare requires that the law extend beyond the limits approved in this 1942 case. No lesser lights that Justice Scalia have upheld the Wicker doctrine. The question before the Court is whether Wicker can be extended.

My take is that the Court will say no. My take has always been Wicker was wrongly decided. I have argued that point since I was in law school. (N.B. I got an A in Constitutional Law.) Nevertheless, Wicker is the law of the United States.

If you believe that Wicker is settled law, which Scalia clearly believes, the next step is to determine whether circumstances have evolved to the extent that further expansion is warranted. My personal take is that the answer to that question is no, but no rational person can disagree that this country is more economically integrated in 2012 than it was in 1942.

There are other ways to argue the point, but the slamming a genuinely conservative justice because he made one discrete ruling that you would have not voted for if you were in Congress is folly.

Scalia is the best justice on the Court. Thomas is a close second. Roberts is a close third. Save your vitriol for Kennedy.

BTW: I predict that the mandate will fall either 5-4 or 6-3 (If it is 6-3 Sotomayor will vote to kill the mandate.) I further predict that the entire law will be determined to be unconstitutional 5-4. (If striking the entire law is a 5-4 decision Sotomayer will vote to uphold the entire thing. If it is a 6-3 decision, Sotomayer will be the swing vote to kill the mandate and keep most or all of the rest and will write the majority opinion.} Write it down.


36 posted on 06/25/2012 6:06:18 PM PDT by Tom D.
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To: Tom D.
Look, Robert’s take on the Arizona law was a reasonable take on issues which intelligent people of good will can differ.

That's what is so maddening, the liberals are playing nuclear war to win, with brand new "rights" emanating from the penumbra of the Constitution (Roe v Wade) while Republican justices are seemingly playing a polite game of Bridge with their wives.

40 posted on 06/25/2012 6:39:45 PM PDT by RJL (There's no greed like the greed of a liberal politician buying votes with your money.)
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