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  1. #21  
    Senior Member Gina's Avatar
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    The political genius of John Roberts
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    After Chief Justice Charles Evan Hughes deftly beat back Franklin Delano Roosevelts court-packing proposal, FDR said, with grudging admiration, that Hughes was the best politician in the country. That was hardly the way Hughes would have chosen to be remembered, writes James Simon in FDR and Chief Justice Hughes, though there was much truth in the presidents remark.

    I doubt Roberts wants to be known for his political skills, either. But in todays decision, he showed that, like Hughes before him, hes got those skills in spades.

    The decision today is being reported as 5-4, with Roberts voting with the liberals. Akhil Reid Amar, a constitutional scholar at Yale Law, sees it differently. The decision was 4-1-4, he said.

    Heres what Amar means: The 5-4 language suggests that Roberts agreed with the liberals. But for the most part, he didnt. If you read the opinions, he sided with the conservative bloc on every major legal question before the court. He voted with the conservatives to say the Commerce Clause did not justify the individual mandate. He voted with the conservatives to say the Necessary and Proper Clause did not justify the mandate. He voted with the conservatives to limit the federal governments power to force states to carry out the planned expansion of Medicaid. He was on-board with the basic challenge, said Orin Kerr, a law professor at George Washington University and a former clerk to Justice Kennedy. He was on the conservative side of the controversial issues.

    His break with the conservatives, and his only point of agreement with the liberals, was in finding that the mandate was a tax a finding that, while extremely important for the future of the Affordable Care Act, is not a hugely consequential legal question.
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  2. #22  
    Senior Member Arroyo_Doble's Avatar
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    I keep coming back to a line from a documentary called The Commanding Heights when the fall of the Soviet Union occurred. In it, someone said that the upper echelons of the Soviet Union truly believed that property was theft so that when the government collapsed, they just stole property.

    I think Republicans, and the Right in general, truly believe the Court is activist so when they get what they think is control of the Judicial Branch, they expect the Court to exert their political will.
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  3. #23  
    Senior Member Gina's Avatar
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    Quote Originally Posted by Arroyo_Doble View Post
    I keep coming back to a line from a documentary called The Commanding Heights when the fall of the Soviet Union occurred. In it, someone said that the upper echelons of the Soviet Union truly believed that property was theft so that when the government collapsed, they just stole property.

    I think Republicans, and the Right in general, truly believe the Court is activist so when they get what they think is control of the Judicial Branch, they expect the Court to exert their political will.
    Yeah right. The left is virtuous and humble and never expects the Court to vote their way based on political leanings.

    The left is just as concerned about SC judicial appointments as the right is. Why is that do you suppose?
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  4. #24  
    PORCUS MAXIMUS Rockntractor's Avatar
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    Quote Originally Posted by Gina View Post
    Yeah right. The left is virtuous and humble and never expects the Court to vote their way based on political leanings.

    The left is just as concerned about SC judicial appointments as the right is. Why is that do you suppose?
    I think Dolby will get his fully socialist state just like he wants, no matter how you try to spin this it is a win for them and they have effectively neutered the constitution, it is no longer much of an impediment to them.
    Let's see if they like the new world they are creating.

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  5. #25  
    Senior Member Gina's Avatar
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    Quote Originally Posted by Rockntractor View Post
    I think Dolby will get his fully socialist state just like he wants, no matter how you try to spin this it is a win for them and they have effectively neutered the constitution, it is no longer much of an impediment to them.
    Let's see if they like the new world they are creating.

    Greece happens.
    I would agree with you had the court put this through under the commerce clause as we would have little if no power to do anything about it, but taxes are something we have a say in by who we vote for and whose congressional office we call every single day.

    I think the country is currently in an entitlement mentality (obviously) and needs to go through a lot before it can be corrected. At least I hope it can be corrected.
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  6. #26  
    Power CUer FlaGator's Avatar
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    I really think that we should let this play out before making snap judgements on Roberts. At first I was upset with him but then I remembered that he understands much more about Constitutional law than I ever will. I decided that for right now it it best not to second guess what I believe to be a conservative Constitutional scholar and see how these thing ends up.

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  7. #27  
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    Roberts gave the left a Pyrrhic victory. The price they will pay will be paid in November.
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  8. #28  
    PORCUS MAXIMUS Rockntractor's Avatar
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    Quote Originally Posted by FlaGator View Post
    I really think that we should let this play out before making snap judgements on Roberts. At first I was upset with him but then I remembered that he understands much more about Constitutional law than I ever will. I decided that for right now it it best not to second guess what I believe to be a conservative Constitutional scholar and see how these thing ends up.
    Got it, Thomas and Scalia , don't know what the fuck they are doing. What we all need to do is forget what is right and join the liberals because it freaks them out.
    The difference between pigs and people is that when they tell you you're cured it isn't a good thing.
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  9. #29  
    PORCUS MAXIMUS Rockntractor's Avatar
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    Let's get real here, we won nothing, our constitution is less.
    Let's get it fucking straight that nothing short of putting a Republican in the presidency this November is a win either.
    The difference between pigs and people is that when they tell you you're cured it isn't a good thing.
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  10. #30  
    Power CUer FlaGator's Avatar
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    Quote Originally Posted by Rockntractor View Post
    Let's get real here, we won nothing, our constitution is less.
    Let's get it fucking straight that nothing short of putting a Republican in the presidency this November is a win either.
    So how is are constituation less?

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