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Re: If the Supreme Court overturns (minus star)

By: clo in ALEA | Recommend this post (0)
Tue, 27 Mar 12 5:36 PM | 35 view(s)
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What's the likely outcome?

Nobody knows. It's clear that the court's four more liberal members, like almost all other liberal legal experts, will find the law constitutional in all respects. It's also clear that conservative Justice Clarence Thomas will vote to strike down much or all of the law. It's less clear what swing-voting Justice Anthony Kennedy and conservative Chief Justice John Roberts as well as Justices Antonin Scalia and Samuel Alito will do.

Kennedy, Roberts, Alito, and (especially) Scalia -- whom the government's brief quotes five times -- have all joined past decisions construing federal regulatory power very broadly. Two respected conservative federal appeals court judges, Laurence Silberman and Geoffrey Sutton, who is one of Scalia's favorite law clerks, have upheld the law. 

from his site when you continue.




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The above is a reply to the following message:
Re: If the Supreme Court overturns (minus star)
By: clo
in ALEA
Tue, 27 Mar 12 4:44 PM
Msg. 07059 of 54959

Stuart Taylor Jr was on Imus radio show this morning.
If he had to bet, he thinks the court will uphold it if they go by their history.
They haven't overturned something of this nature since 1946 (I think that was the year he noted)

http://www.stuarttaylorjr.com/content/health-law-and-supreme-court-primer-upcoming-oral-arguments


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