This is going to be a lulu. While most of the conservative justices will likely go for the meat-and-potatoes constitutional issues, it is also likely that Justice Thomas is going to surprise everyone with a masterful opinion that will send all the other justices back to their offices to review the history books.
That is, the other conservatives might want to kill Obamacare, but Thomas may go way beyond that to undermine a whole lot of 20th Century unconstitutional progressivism.
Two of the most important “liberalism out of control” clauses abused in the constitution are the “interstate commerce” clause that previous courts had even extended to to put intra-state commerce under federal management; and the “general welfare” clause, which is the fundamental basis of the welfare state.
If Thomas can be persuasive enough to convince the other conservative justices to agree with him against these, it could rattle the unconstitutional parts of the federal government to the bones.
It wouldn’t just wipe out Obamacare. It could take an axe to half the federal government.
“That is, the other conservatives might want to kill Obamacare, but Thomas may go way beyond that to undermine a whole lot of 20th Century unconstitutional progressivism.
...
“If Thomas can be persuasive enough to convince the other conservative justices to agree with him against these, it could rattle the unconstitutional parts of the federal government to the bones.
“It wouldn’t just wipe out Obamacare. It could take an axe to half the federal government.”
From your lips to God’s ears, yefragetuwrabrumuy.
Interesting and hopefully it will happen that way. Out of the lib justices, Sotomeyer actually sounds reasonable. Which is hard for me to wrap my head around. Wouldn’t it be a hoot if Sotomeyer is Obama’s Sandra Day O’Conner?
If only that were to be the case...major sigh.
This case should be a DROP KICK easy decision as it relates to the US CONSTITUTION...
It is NOT constitutional, and neither is another half of fed legislation over the past century.
Would love to see someone say so!
If only that were to be the case...major sigh.
This case should be a DROP KICK easy decision as it relates to the US CONSTITUTION...
It is NOT constitutional, and neither is another half of fed legislation over the past century.
Would love to see someone say so!