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To: publiusF27

You missed Scalia in your prediction and Stevens retired - replaced by Kagan.


197 posted on 06/30/2011 5:31:30 PM PDT by BufordP ("Drink me if you can't take a joke." -- Kool-aid)
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To: BufordP

Sorry, shouldn’t post when so tired. Kagan will vote the same as Stevens, who wrote the majority opinion in Raich.

Scalia is a bit hard to guess. His former clerk, Sutton, just voted to uphold the law. Scalia concurred separately in the Raich case, and much of Sutton’s reasoning relied on Raich and Wickard. For example, he pointed out that “inactivity” on the part of a hypothetical person who bought Angel Raich’s house would be illegal under the commerce power if she left her plants behind. I’m going to guess another separate concurrence is coming from Scalia.


200 posted on 07/01/2011 3:25:36 AM PDT by publiusF27
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