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To: Sopater

A tie would have allowed the Law to stand as is which would have validated the mandate under the Commerce Clause in lieu of it being labled a Tax.


3 posted on 06/29/2012 7:40:49 AM PDT by Old Retired Army Guy
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To: Old Retired Army Guy

There were conflicting lower court rulings. Wouldn’t that have left the entire issue “undecided”?


4 posted on 06/29/2012 7:51:55 AM PDT by Ingtar ("As the light begins to fade in the city on the hill")
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To: Old Retired Army Guy; Sopater
The lower court decision would have stood in the event of a tie vote at the SCOTUS. However, if that had happened, then the case would NOT have counted as a Supreme Court precedent. Only a SCOTUS majority vote can produce an precedent which is binding on the lower courts, which we no have. Historically, these precedents tend to be very difficult to overturn.
18 posted on 06/29/2012 3:53:22 PM PDT by old republic
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