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In atonement for his vote in the woebegone Kelo v. New London decision, Justice Anthony Kennedy returns to his libertarian leanings. Not only does he kill Obamacare, his opinion also states Wickard v. Filburn is not Constitutional. I can dream, can't I?
1 posted on 11/25/2011 8:39:16 AM PST by neverdem
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To: neverdem
Not only does he kill Obamacare, his opinion also states Wickard v. Filburn is not Constitutional.

That would be day one of Americas restoration.

2 posted on 11/25/2011 8:45:52 AM PST by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: neverdem
Sure you can..except I think in this case you are correct..Kennedy will vote to toss out Obamacare..and this may surprise you..Breyer might also.

But here's the BIGGIE...The Court doesn't operate in a vacuum..Justices are aware of politics,and they talk among themselves...even though they are far apart ideologically, they are still "brethren" and must get along for decades to come...

If there is a consensus that Obamacare falls fy 5-4 or 6-3..then look for Kagan to recuse herself...This will be a clear decision thatObamacare's toast.. Why waste the effort when it won't make a difference. Instead, the left will all but put her up for sainthood, and demonize Thomas for NOT recusing himself..and Kagan is bulletproof for anything she does for the next 40 years ( God help us)

3 posted on 11/25/2011 8:47:06 AM PST by ken5050 (Support Admin Mods: Doing the tough, hard, dirty jobs that Americans won't do...)
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To: neverdem

I’m not so convinced.

Many Americans don’t think twice about the consequences when promised free-stuff from the Feds, and would sell their souls for a nice TV and some magic beans. Regardless of the Constitutionality of Obamacare or not, the quality of character of many Americans has already been compromised so much, they are unprepared and unwilling to live free and responsible lives.


6 posted on 11/25/2011 8:50:01 AM PST by PGR88
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To: neverdem
I can dream, can't I?

Sure you can, as long as you remember that's what you are doing.

I consider this case at SCOTUS the same as any other case in any given court: It's a crapshoot and we have no idea how they'll decide. This is a consequence of living in a lawless society like this one. They aren't courts anymore, they're glorified casinos.

9 posted on 11/25/2011 8:55:24 AM PST by Cyber Liberty (Cain = National Sales Tax; Perry = Amnesty for Illegals; Romney = Obamacare forever. Who's left?)
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To: neverdem
This is why I was surprised that the Senate didn't repeal Obamacare, and Senate Democrats didn't strong-arm the president into signing the repeal.

The Court pushed against the totalitarian interpretation of Wickard in the gun-free school zone case. Obamacare gives the Court an opportunity to chip away at Wickard even more. A few more cases like this, and the Court could even start taking down programs from the Great Society and the New Deal.

By repealing Obamacare, the Democrats could have mooted the case and kept the Supreme Court's hands off it. Then they could have waited until they got a liberal majority on the Court once again.

12 posted on 11/25/2011 8:59:01 AM PST by Publius
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To: neverdem
Regardless of the outcome, the decision will be a political disaster for Obama's reelection. If the Court strikes it down, that will confirm that Obama wasted his first two years in office taking America on an unconstitutional frolic, rather than addressing America's most urgent problems in an effective way.

ObamaCare is UNCONSTITUTIONAL. Obama is unconstitutional!!!

16 posted on 11/25/2011 9:34:53 AM PST by ExCTCitizen (Cain/West 2012....what would the RACISTS LIBERALS say???)
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To: neverdem

It has been UNIVERSALLY ACCEPTED since TIME IMMEMORIAL that for a contract to be enforceable, you have to VOLUNTARILY put your mark on the dotted line!

“An act done by me that is against my will IS NOT MY ACT”
Bouviers Maxims of Law


18 posted on 11/25/2011 9:47:11 AM PST by djf (http://www.freerepublic.com/focus/f-chat/2801220/posts)
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To: wardaddy; Joe Brower; Cannoneer No. 4; Criminal Number 18F; Dan from Michigan; Eaker; Jeff Head; ...
Army Tests Hypersonic Weapon over the Pacific

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Some noteworthy articles about politics, foreign or military affairs, IMHO, FReepmail me if you want on or off my list.

22 posted on 11/25/2011 2:27:36 PM PST by neverdem (Xin loi minh oi)
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To: neverdem

I like the win-win choice for Republicans at the end of the article!


27 posted on 11/25/2011 6:37:07 PM PST by Salvation ("With God all things are possible." Matthew 19:26)
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