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Why Roberts Did It
National Review Online ^ | 28 June 2012 | Charles Krauthammer

Posted on 06/28/2012 1:47:53 PM PDT by Meet the New Boss

It’s the judiciary’s Nixon-to-China: Chief Justice John Roberts joins the liberal wing of the Supreme Court and upholds the constitutionality of Obamacare. How? By pulling off one of the great constitutional finesses of all time. He managed to uphold the central conservative argument against Obamacare, while at the same time finding a narrow definitional dodge to uphold the law — and thus prevented the Court from being seen as having overturned, presumably on political grounds, the signature legislation of this administration.

snip

Whatever one thinks of the substance of Bush v. Gore, it did affect the reputation of the Court. Roberts seems determined that there be no recurrence with Obamacare. Hence his straining in his Obamacare ruling to avoid a similar result — a 5–4 decision split along ideological lines that might be perceived as partisan and political.

(Excerpt) Read more at nationalreview.com ...


TOPICS: Government; News/Current Events
KEYWORDS: johnroberts; krauthammer; obamacare; obamacaretax; scotus
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To: Mountain Mary
What do you mean you can’t undertand how the other Constitutionalist judges voted differently than Roberts? There were four conservative judges who wanted to completely repeal the law: Scalia, Alito, Thomas and Kennedy.

What I mean is I can't understand why Roberts voted differently than the other constitutionalist judges. I would hesitate to call Kennedy a conservative even if he did side with the conservatives on this one. Roberts is the one that I don't understand...
101 posted on 06/29/2012 6:56:22 AM PDT by Sopater (...where the Spirit of the Lord is, there is liberty. - 2 COR 3:17b)
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To: Meet the New Boss; Lurking Libertarian; JDW11235; Clairity; TheOldLady; Spacetrucker; ...

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

102 posted on 06/29/2012 11:00:19 AM PDT by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: Meet the New Boss

This piece deserves a big bold BARF alert.


103 posted on 06/29/2012 11:06:00 AM PDT by EternalVigilance (Liberty. What a concept. TomHoefling.com)
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To: Jack Black
Anyone think we can get to 60?

Can't if ya don't try.

Put it up for a vote. See where it goes. Dems are notorious for talking one way and voting another, and this thing has little popular support. Work with the remaining as appropriate, while working other options.

104 posted on 06/30/2012 8:30:54 AM PDT by ctdonath2 ($1 meals: http://abuckaplate.blogspot.com)
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To: Meet the New Boss

ego


105 posted on 06/30/2012 8:38:58 AM PDT by InvisibleChurch (i a m t h e m a r g i n o f e r r e r)
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