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Chief Justice Roberts “Swimming In the Middle"
Legal Insurrection ^ | Mark Finkelstein

Posted on 06/27/2017 7:03:57 AM PDT by governsleastgovernsbest

Appearing on today’s Morning Joe, law professor Jonathan Turley noted that Chief Justice John Roberts teamed with Justice Anthony Kennedy to devise an exception to the Court’s ruling of yesterday that permitted President Trump’s travel ban to remain in place. Under the exception, the ban does not apply to foreign nationals with a “bona fide” relationship with a person or entity in the United States.

Turley said that as of late, Roberts has been “swimming a lot in the middle of the pool,” has become very Anthony “Kennedy-like,” and would become the new swing vote should Kennedy retire.

View the video here.

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


TOPICS: Constitution/Conservatism; Foreign Affairs; News/Current Events; War on Terror
KEYWORDS: anthonykennedy; johnroberts; jonathanturley; scotus
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To: Vince Ferrer

You dont know who that.picking justices is somewhat of a crapshoot.

I dont know if there were many dissents here when Roberts was picked. I remember mostly positive posts


21 posted on 06/27/2017 7:25:14 AM PDT by RummyChick (can we switch Don,Jr for Prince Kush and his flak jacket. From Yacht Party to Warzone ready to wear.)
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To: governsleastgovernsbest
Under the exception, the ban does not apply to foreign nationals with a “bona fide” relationship with a person or entity in the United States.

Because we can always be certain that any muslim with a “bona fide relationship with a person or entity in the United States" would never break the law or do anything to harm us.

Oh! Wait a minute!

Isn't that exactly what happened in the San Bernardino mass murder?

Isn't that exactly what happened in the Boston mass murder?

.
22 posted on 06/27/2017 7:26:00 AM PDT by Vlad The Inhaler (Best Long Term Prepper Tactic: Beat The Muslim Demographic Tsnami - Have Big Families)
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To: governsleastgovernsbest

Roberts is a constitutional moderate, Kennedy a liberal. Makes sense that they sometimes agree.

Here, Roberts probably pulled Kennedy away from some outrageous coup attempt by the four whackos that hate the Constitution.


23 posted on 06/27/2017 7:27:58 AM PDT by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat/RINO Party!)
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To: governsleastgovernsbest

Remember it was Roberts that wrote the opinions of both sides of the Heath Care Debate.

It was Roberts that gave us Obamacare. A Bush appointee imagine that?

For the good of the Supreme Court and the Judicial Branch. John Roberts should be asked to resign. He is 100% compromised.


24 posted on 06/27/2017 7:31:12 AM PDT by Enlightened1
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To: governsleastgovernsbest

Zero
The man is a coward


25 posted on 06/27/2017 7:31:12 AM PDT by Nifster (I see puppy dogs in the clouds)
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To: governsleastgovernsbest

he just voted NOT to protect gun rights in california- He got obamacare through based on a lie (and asinine opinion after the vote), He got gay marriage through I believe- I’d say he’s not in the middle but almost completely liberal now- at least heavily leaning left


26 posted on 06/27/2017 7:31:47 AM PDT by Bob434
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To: Pecos
... the Supremes STILL legislated from their high perch. The law, used by multiple presidents, is very clear cut and has no exemptions unless provided for in the president’s determination.

Didn't the revised EO include an exception for people "in transit" because of the chaos over the sudden implementation of the first EO?

I suppose one could debate whether "in transit" begins when the visa is issued, or does it only begin when one actually steps onto the airplane?

If "in transit" begins when the visa is issued (permission granted to travel to the United States), then perhaps there is enough wiggle room to declare that these people are covered by the EO exception and that it is not SCOTUS legislating from the bench?

I'm just playing Devil's Advocate here...

-PJ

27 posted on 06/27/2017 7:32:08 AM PDT by Political Junkie Too (The 1st Amendment gives the People the right to a free press, not CNN the right to the 1st question.)
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To: mrsmith

Kennedy will retire and be replaced by a conservative, and Roberts will turn into another Kennedy.


28 posted on 06/27/2017 7:33:04 AM PDT by Truthsearcher
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To: Lurkinanloomin
-- What a disappointment most of the Bush appointments have turned out to be. --

We could have had Harriet Miers ;-)

29 posted on 06/27/2017 7:34:29 AM PDT by Cboldt
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To: Vlad The Inhaler

“...long line of disappointing republican SCOTUS appointments.”

As opposed to liberal judges who are appointed to pursue a liberal agenda. They NEVER disappoint their backers.


30 posted on 06/27/2017 7:36:57 AM PDT by odawg
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To: Vlad The Inhaler

“...long line of disappointing republican SCOTUS appointments.”

As opposed to liberal judges who are appointed to pursue a liberal agenda. They NEVER disappoint their backers.


31 posted on 06/27/2017 7:37:09 AM PDT by odawg
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To: governsleastgovernsbest
This one really IS BUSH'S FAULT!!!!!


32 posted on 06/27/2017 7:38:45 AM PDT by Buckeye McFrog
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To: Bob434
he just voted NOT to protect gun rights in california- He got obamacare through based on a lie (and asinine opinion after the vote), He got gay marriage through I believe- I’d say he’s not in the middle but almost completely liberal now- at least heavily leaning left

Roberts' judicial philosophy seems to be that people should get what they voted for. These three examples are consistent with this.

33 posted on 06/27/2017 7:39:56 AM PDT by Drew68
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To: Jamestown1630
-- I saw someone being interviewed last night who indicated that the `bona fide' relationship exemption was part of the Trump plan to begin with (???) --

The SCOTUS brand of injunction against the EO is a real mystery, in light of what Executive Order 13780 says on its face.

Notice the SCOTUS ruling and modified injunction makes no reference to Section 3 of the EO it puprots to modify. Section 3(b) of the EO has exceptions to the "ban," and from my read, those exceptions look like the "bona fide relationship exemption" set forth by SCOTUS.

34 posted on 06/27/2017 7:40:38 AM PDT by Cboldt
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To: Truthsearcher

He’ll be the swing vote but I expect him to stay a moderate.
However as long as those four whackos are there ANY error by one of the other justices will be pounced on and made a majority opinion.
And if at any time just ONE of the reasonable Justices is replaced by a Dem president we will have a court that hates the Constitution.


35 posted on 06/27/2017 7:42:47 AM PDT by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat/RINO Party!)
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To: RummyChick
There is a tendency for Supreme Court justices to become enveloped in the Washington "swamp", much like Senators and Congressmen. The cliché is that they "grow" in their position. Scalia, Alito, and Thomas resisted this tendency.

Currently, there are 52 Senators who identify as Republicans. Let's say that Trump nominates a staunch conservative, especially one, like Napolitano, who is a high profile originalist. It is a given that the 47 Democrats, plus Bernie Sanders, will oppose the nomination. However, unlike the replacement of Scalia with Gorsuch, a replacement will change the ideological balance of the Supreme Court. If Ginsburg or Kennedy retire, voluntarily or not, a Napolitano type relationship will change the ideology rightward. In this case, will the likes of Murkowski, McCain, Graham, etc., get a bout of "conscience" and oppose the nomination? If the enemy can pull off just three RINOs, the nomination will fail.

36 posted on 06/27/2017 7:44:21 AM PDT by Wallace T.
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To: governsleastgovernsbest

From our Bush conservative family...not. They were in bed with themselves and Clinton from the beginning.


37 posted on 06/27/2017 7:44:26 AM PDT by Obbiee
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To: Cboldt

So, is someone just trying to make it LOOK like they’ve done some ‘reining in’?


38 posted on 06/27/2017 7:48:04 AM PDT by Jamestown1630 ("A Republic, if you can keep it.")
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To: governsleastgovernsbest

Roberts was recommended by Cruz.


39 posted on 06/27/2017 7:50:26 AM PDT by bray (Pray for President Trump)
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To: Drew68

obamacare was NOT what people voted for- it was a lie- it was peddled as a lie, the architect even bragged about how stupid Americans were duped by it and roberts perpetuated that lie and then gave such an asinine opinion about the case that it had legal experts shaking their heads in disbelief- roberts lied to us to get this abominationcare passed- personally pulling the wool over people’s eyes- so no- that is not what peopel voted for- He had to be deceitful in order to get the damned thing passed


40 posted on 06/27/2017 7:55:01 AM PDT by Bob434
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