Supreme Court part of Obama conspiracy.....

[barbara]

Originally Posted by wgrr

One has to wonder why Roberts sided with the majority in this case. Kennedy was the suspected swing vote one way or the other.

Maybe Roberts figured he ought to do the honorable thing....

[beej]

From what I've heard and read (and I'm no attorney by any stretch) there was a way of reading the act as constitutional and a way of reading it as unconstitutional. Apparently the Court has a history in such cases of opting for the constitutional reading. Perhaps that is simply what Roberts was doing when he viewed the penalty as a tax and therefore within the reach of Congressional power.

[noonereal]

Originally Posted by beej

From what I've heard and read (and I'm no attorney by any stretch) there was a way of reading the act as constitutional and a way of reading it as unconstitutional. Apparently the Court has a history in such cases of opting for the constitutional reading. Perhaps that is simply what Roberts was doing when he viewed the penalty as a tax and therefore within the reach of Congressional power.

I think this is a set up. I think Robert's is strengthening states rights over federal mandates knowing that individual states will ignore federal guidelines in many areas in favor of tradition conservative politicians.

This will only serve to further increase the divide between the moderate democrats and the fat belt states.

Also as a tax this program can be repealed with a simple 50 votes which is likely to happen if Romney wins.

[piece-itpete]

I agree that Roberts is being political. The right will let this pass and he'll be able to use political capitol gained to really hit next time. I suspect he already knows what he's going after.

Funny listening to NPR fawning over him yesterday

The real SC conspiracy is, the more power any branch has over the people, the more power the SC has, therefore an expanding government is a good thing for the SC.

Pete

[noonereal]

Originally Posted by piece-itpete

I agree that Roberts is being political. The right will let this pass and he'll be able to use political capitol gained to really hit next time. I suspect he already knows what he's going after.

I totally agree.

[Boreas]

Originally Posted by piece-itpete

I agree that Roberts is being political. The right will let this pass and he'll be able to use political capitol gained to really hit next time. I suspect he already knows what he's going after.

And that's what you guys want on the Bench? Partisan politicians?

The real SC conspiracy is, the more power any branch has over the people, the more power the SC has, therefore an expanding government is a good thing for the SC.

Pete

If the Supreme Court can anoint a president (Bush v. Gore) and create law (Citizens United) in addition to the highly questionable practice of Judicial Review, is there any doubt which branch is the most powerful?

John

[piece-itpete]

Um, I firmly believe the government is out of control already. You want the government to be all powerful? Then guess what happens when the other guy gets in.

Pete

[finnbow]

I still have more respect for the judiciary than the other two branches of government. By a mile, in fact.

[Boreas]

Originally Posted by finnbow

I still have more respect for the judiciary than the other two branches of government. By a mile, in fact.

Pat, who reviews the Reviewers?

John

[finnbow]

Originally Posted by Boreas

Pat, who reviews the Reviewers?

John

They're reviewed before the fact (i.e., during confirmation). I didn't say I'm totally enamored of the Judiciary in which there are certainly some pompous blowhards (e.g., Scalia) and some incompetents (e.g., Thomas), but I still hold them in much higher regard than Congress.