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Politics : Politics for Pros- moderated
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To: Brumar89 who wrote (479175)3/28/2012 9:08:07 AM
From: D. Long7 Recommendations  Read Replies (2) of 793953
 
however, Justice Kennedy would require the government to show some special circumstances justifying the mandate in each case.

This is what I was talking about yesterday. Kennedy could write an opinion as the deciding vote, limiting the holding to this "special circumstance," which would be distinction without difference. He did the same thing in Lawrence v. Texas, stating the holding was limited to consensual sexual conduct between adults and had nothing to do with gay marriage. Guess what? Lawrence has been cited over and over again in support of gay marriage.

Likewise, any affirmation that the Commerce Clause allows the government to coerce commerce will be cited in future attempts at broad and unrestricted Congressional power.
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