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To: butterdezillion

“What was Roberts’ opinion?”


Sorry, I thought you meant in the Obamacare case. In the AZ case, Roberts signed on to Kennedy’s opinion upholding part of the law but striking down most of it. But I wouldn’t read too much into it. Immigration and Obamacare are very different issues, and precedent appeared to be on the side of federal preemption of what the AZ law does (I’m not saying I agree with such precedents, but they are there).

Besides, having Roberts vote with Kennedy on Obamacare will only be bad news if Kennedy votes to uphold the law, and if Kennedy votes that way Obamacare will be upheld even if Roberts voted to strike it down. Roberts’s vote to uphold Obamacare would only be dispositive if Roberts votes to uphold while Kennedy votes to strike it down, which I can’t fathom occurring.

If anything, Roberts having Kennedy’s back in the AZ case may portend good news for the upcoming Obamacare opinions release. Roberts allowed Kennedy’s AZ opinion to become the Opinion of the Court instead of a mere plurality, which I’m sure Kennedy appreciated, and it didn’t really cost us anything with respect to the AZ law because had Roberts dissented the 4-4 vote would have let the 9th Circuit’s opinion stand (and it wouldn’t hurt us in the long-run, either, since Kagan wouldn’t have to recuse herself when the Alabama law got to SCOTUS and it would surely be struck down 5-4 even with Roberts dissenting). Roberts being on Kennedy’s good side could be what clinches Kennedy’s vote with the conservatives on striking down Obamacare.


323 posted on 06/25/2012 8:19:14 AM PDT by AuH2ORepublican (If a politician won't protect innocent babies, what makes you think that he'll protect your rights?)
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To: AuH2ORepublican

Simply brillant. I now remember that you were, or are, a lawyer.


329 posted on 06/25/2012 8:22:26 AM PDT by Perdogg
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To: AuH2ORepublican

I love you.


333 posted on 06/25/2012 8:24:17 AM PDT by Lazamataz (People who resort to Godwin's Law are just like Hitler.)
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To: AuH2ORepublican

Seems like no matter how we slice it, Kennedy holds the future of this country in his hand. With the stroke of his pen he can end the US Constitution.

Not good.

The idea that Roberts would basically give up the nation’s borders in order to manipulate Kennedy’s emotions so he’ll think about saying the government can’t force us to buy any dang thing they want to force us to buy..... is not all that comforting to me right now.

I have a very, very bad feeling about what this week is going to bring.


342 posted on 06/25/2012 8:32:35 AM PDT by butterdezillion
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