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To: marktwain
One legal scholar is citing Scalia's opinion in Raich in defending Obamacare from a constitutional challenge. Charles Fried, Solicitor General 1985-1989 and Harvard Law professor was on Greta Van Susteren, 04/14/2010:

______________________________________

FRIED:The statute which I have front of me, I bothered to read it, says that the health insurance industry is an $854 billion dollar industry. That sounds like commerce.

The Supreme Court just five years ago with Justice Scalia in the majority said that it is all right under the Commerce Clause to make it illegal for California for residents in California to grow pot for their own use, because that has affect on interstate commerce.

Well, if that has affect on interstate commerce, what happens in an $854 billion national industry certainly does.

-snip-

FRIED: I daresay that, because I looked at that 2005 lawsuit about the pot in California. If somebody growing pot in their basement is interstate commerce and Scalia said so, I don't know where you are going to get five votes the other way.

http://www.foxnews.com/story/0,2933,591103,00.html

13 posted on 04/24/2010 8:31:43 AM PDT by Ken H
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To: Ken H

That is an interesting point, though I’d like to see the entirety of the opinion.

Scalia is a good man, I cannot imagine he would approve of a socialized health plan. Hmm.


18 posted on 04/24/2010 8:50:01 AM PDT by Recovering_Democrat
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To: Ken H

Scalia failed miserably on that decision. He was policy-making, instead of doing his job as a Supreme Court justice.


40 posted on 04/24/2010 2:31:43 PM PDT by B Knotts (Impeach Obama)
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