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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSCOTUS "Take Away" For America: "Four Justices Effectively Want To Overturn The 20th Century"
How far the four dissenters were willing to go
By Steve Benen - Thu Jun 28, 2012 11:41 AM EDT
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The conventional wisdom, which was neither conventional nor wise, was that the individual mandate was in deep trouble, but it was unrealistic to think the justices would be so radical as to kill every letter of every word of every page of the law. Such a breathtaking move would simply be unnecessarily radical.
And yet, as of this morning, four justicesAlito, Kennedy, Scalia, and Thomasinsisted on doing exactly that. The four dissenters demanded that the Supreme Court effectively throw out the entirety of the lawthe mandate, the consumer protections, the tax cuts, the subsidies, the benefits, everything.
To reach this conclusion, these four not only had to reject a century of Commerce Clause jurisprudence, they also had ignore the Necessary and Proper clause, and Congress taxation power. I cant read Chief Justice John Roberts mind, but it wouldnt surprise me if the extremism of the four dissenters effectively forced him to break rankshad Kennedy been willing to strike down the mandate while leaving the rest of the law intact, this may well have been a 5-4 ruling the other way.
Roberts motivations notwithstanding, its important that Americans understand that there are now four justices on the Supreme Court who effectively want to overturn the 20th century. Based on the flimsiest of arguments, the four dissenters want to kill progressive legislation basically because their political ideologies tell them to do so.
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MORE:
http://maddowblog.msnbc.msn.com/_news/2012/06/28/12459913-how-far-the-four-dissenters-were-willing-to-go
HopeHoops
(47,675 posts)I happen to LOVE Disco!
But your post made LOL.
HopeHoops
(47,675 posts)And why do all of the new female singers sound like Cindy Lauper?