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To: FredZarguna
it can't be used to overturn the law (because the law is upheld for a different reason altogether) it is nothing more than obiter dicta.

I am no constitutional lawyer so I can't say that, in this case, obiter dicta doesn't apply. But there are cases where obiter dicta has ended up as long-standing precedent.

Just to be clear, I disagree with the decision to uphold Obamacare, but I don't consider it any disaster for the Constitution.

54 posted on 06/29/2012 4:04:22 PM PDT by BfloGuy (The final outcome of the credit expansion is general impoverishment.)
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To: BfloGuy
But there are cases where obiter dicta has ended up as long-standing precedent.

No, there aren't. Orbiter dicta is not precedent, and no lower court nor USSC is bound by dicta.

A very thoughtful opinion and some links to counterpoints by someone whose opinion I am very proud to say supports mine just came online about 1/2 hour ago (none of these are my blogs) here: http://legalinsurrection.com/2012/06/what-if-that-huge-conservative-doctrinal-achievement-was-mere-dicta/

58 posted on 06/29/2012 5:15:55 PM PDT by FredZarguna (When you find yourself arguing against Scalia and Thomas, you AREN'T a conservative.)
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