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A bold conservative step by Supreme Court
LA times ^ | January 24, 2010 | David G. Savage

Posted on 01/24/2010 12:27:29 PM PST by opentalk

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This article sums up why Obama is against the current ruling. It will be harder for him to regulate and impose his agenda.
1 posted on 01/24/2010 12:27:29 PM PST by opentalk
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To: opentalk
This really the Kennedy Court. Fortunately, in Citizens United v. FEC, and most of the time, he is on the side of the Constitution.
2 posted on 01/24/2010 12:35:31 PM PST by Repeal 16-17 (Let me know when the Shooting starts.)
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To: opentalk
This is why we need to win back one or both Houses in November.

And if Stevens steps down before then, we need to force Republicans to not “rubber stamp” any nominee selected by Obama.

Or, a better turn of a phrase, we need to make sure the Republicans return the favor, and “Bork” any Obama nominee.

3 posted on 01/24/2010 12:39:08 PM PST by airborne
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To: opentalk
If the Democrats find a way to enact a healthcare law that requires all Americans to have health insurance or else pay a tax, it will face a sure constitutional challenge in the Supreme Court. And there is less reason to be sure such a challenge would fail.




4 posted on 01/24/2010 12:39:53 PM PST by Jeff Chandler (:: The government will do for health care what it did for real estate. ::)
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To: opentalk

This can’t be true. Ann Coulter said Roberts was another Souter!!


5 posted on 01/24/2010 12:42:03 PM PST by streetpreacher (Arminian by birth, Calvinist by the grace of God)
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To: airborne

The Senate matters to court nominations. The House doesn’t.


6 posted on 01/24/2010 12:42:07 PM PST by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: opentalk

Overall, Bush Jr.’s Supreme Court justices are way better than Reagan’s.


7 posted on 01/24/2010 12:44:08 PM PST by LdSentinal
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To: opentalk

Maybe the Constitution is not dead after all.


8 posted on 01/24/2010 12:44:41 PM PST by Slyfox
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To: opentalk

We need a whole lot more of these “bold conservative” steps! Reversing Roe v Wade for one. And any and all stretches of the commerce clause.


9 posted on 01/24/2010 12:45:16 PM PST by Jim Robinson (Join the TEA Party Rebellion!! May God and TEA save the Republic!!)
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To: opentalk
As another author pointed out in an article here on FR, this decision likely saved both the internet and talk radio from 'regulation' by the Obama administration.

I am very thankful for the four conservative justices, who actually understand how to do their job. I cannot fathom what Justice Kennedy thinks his role is, but I'm thankful that he sometimes gets it right.
10 posted on 01/24/2010 12:45:42 PM PST by LostInBayport (2010 - The Second American Revolution. The first shot was fired 1/19/2010 -- here in Massachusetts!)
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To: opentalk

Yes, John Roberts always said being the Chief Justice of the United States Supreme court was just like being a “minor functionary.”

And yes, I believe everything the Los Angeles Times tells me. /give me a break


11 posted on 01/24/2010 12:46:53 PM PST by MarkAccord
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To: LostInBayport
decision likely saved both the Internet and talk radio from 'regulation' by the Obama administration

I don't recall a president so openly criticizing a supreme court ruling. Obama fighting against the checks and balances of power.

12 posted on 01/24/2010 12:51:04 PM PST by opentalk
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To: airborne
And if Stevens steps down before then, we need to force Republicans to not “rubber stamp” any nominee selected by Obama.

I wouldn't stress too much over a Stevens replacement. When Sotomeyor was confirmed it occured to me that she may walk into the Court with so much leftist and sexist baggage the it would make Kennedy run in revulsion to the Conservative side of the Court. This first landmark ruling may mark the beginning of a series of such 5-4 victories thanks to Justice Sotomama. I think that any replacement for Stevens would solidify the dymanic.

13 posted on 01/24/2010 12:51:56 PM PST by Tonytitan
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To: All
I posted this in another forum, and here as well because it sure does fit!

I can make the choice quickly and correctly on complicated issues 99.85% of the time by following this logic:

If Barack Obama, Chuck U. Schumer or Nancy Pelosi are against something, I am for it. If they are for it, I am against it.

So easy.

This is great. I live in Massachusetts, and my buddy and I were out in the snow on Tuesday doing what we could to help:

Photobucket

We had agreed Tuesday night to get together last night to pop a champagne cork. After hearing of the Supreme Court decision, I called him and said, a la Chief Brody in Jaws: "We need a bigger bottle!"

I know a lot of people have a lot of issues with some of the things George W. Bush did as President, but his signing of McCain-Feingold was an absolute repudiation of his oath to protect the Constitution. His logic was that he would sign it and leave it up to SCOTUS to judge it unconstitutional.

I appreciate many things he did as President, but that was shameful. He had no business and no right to kick the can down the road and leave it up to the Supreme Court. This ruling was like taking a thorn out of my ideological ass. It grated on me every time I thought of it, which was often.

On the Mark Levin show, they had one of the plaintiffs in the case describing parts of the case examination by the Supreme Court. In one sequence, they had some FEC bureaucrat on the stand being grilled, and the question came up (and I paraphrase here):

JUSTICE GINSBERG: (being a "friendly" justice to the SEC hack): "Can you reiterate your stand again for us on whether the content by the plaintiff (in this case, an anti-Hillary DVD whose release was prohibited during the campaign time frame) would have been equally banned if it were a book instead of a DVD? We have a problem with book banning..." (this was said by Ginsberg to allow the FEC official to explain the FEC standing in a good light)

FEC BUREAUCRAT: (honestly) "Yes. If it were a book, yes, the promotion and release would have been prohibited. But really, even though the criminal law is there, trust me, nobody would have ever been prosecuted in that way."

JUSTICE ROBERTS: (Leaning forward, forehead furrowed): "Madam, we do not put our First Amendment rights at the mercy of FEC bureaucrats!"

WOOHOO! I almost went off the road cheering at that one!

There is a reason liberals are so bent out of shape over this ruling: They understand completely that this weakens the position of the media, which had unlimited resources to support liberal candidates, where conservatives had no such advantage, no recourse.

They know what they lost!

We had extra champagne for THAT one!

14 posted on 01/24/2010 12:52:11 PM PST by rlmorel (We are traveling "The Road to Serfdom".)
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To: rlmorel
"JUSTICE ROBERTS: (Leaning forward, forehead furrowed): "Madam, we do not put our First Amendment rights at the mercy of FEC bureaucrats!"

Woo hoo!! Way to go Justice Roberts!!

15 posted on 01/24/2010 12:57:04 PM PST by Jim Robinson (Join the TEA Party Rebellion!! May God and TEA save the Republic!!)
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To: rlmorel
They understand completely that this weakens the position of the media, which had unlimited resources to support liberal candidates, where conservatives had no such advantage, no recourse.

This is from list of Communicst goals-(On Jan. 10, 1963, Congressman Albert S. Herlong Jr. of Florida read a list of 45 Communist goals into the Congressional Record.)

20. Infiltrate the press. Get control of book review assignments, editorial writing, policy-making positions.

21. Gain control of key positions in radio, TV & motion pictures

30. Discredit the American founding fathers. Present them as selfish aristocrats who had no concern for the "common man."

16 posted on 01/24/2010 1:04:37 PM PST by opentalk
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To: opentalk

Several of the court’s more conservative justices reacted with incredulity to a series of answers from a government lawyer about the scope of Congressional authority to limit political speech.

The lawyer, Malcolm L. Stewart, said Congress has the power to ban political books, signs and Internet videos, if they are paid for by corporations and distributed not long before an election.

nytimes.com

17 posted on 01/24/2010 1:05:47 PM PST by Daaave ( "Where it all ends I can't fathom my friends")
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To: LdSentinal
"Overall, Bush Jr.’s Supreme Court justices are way better than Reagan’s."

Overall, Bush had a slightly better situation in the senate than Reagan.

18 posted on 01/24/2010 1:12:58 PM PST by editor-surveyor (Democracy, the vilest form of government, pits the greed of an angry mob vs. the rights of a man)
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To: Jim Robinson

I had no idea Justice Roberts had that in him. I would expect it of Scalia, but Roberts? Of course, I am not a SCOTUS weenie, but this little bit of theatre warmed my heart! (again, my portrayal is not verbatim, I just did this from my memory of the dialog on the Mark Levin Show...)


19 posted on 01/24/2010 1:13:28 PM PST by rlmorel (We are traveling "The Road to Serfdom".)
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To: LdSentinal

Remember, the people protested so loudly over his first nomination. Roberts was Bush’s second choice.


20 posted on 01/24/2010 1:16:33 PM PST by Sertorius (A hayseed with no Greek and dam^ proud of it)
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