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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?


To: Wayners who wrote (663098)11/30/2004 7:39:32 AM
From: DuckTapeSunroof  Read Replies (1) | Respond to of 769670
 
"The Raich case was argued today before the Supremes. This is going to be really interesting. My prediction is 6-3, Raich prevails based on some of the recorded judges comments. O'Conner and Ginsberg were clearly for Raich. Kennedy, Rehnquist, Scalia and Thomas I think will go for State's rights on strict literal Constitution interpretation and similar rulings enumerating the required interstate commerce tests. I think for Breyer, Souter and Stevens, regardless of their sympathies for Raich, they will hold their massive Federal Govt and its powers too important to have decision down that could cause the strike down of a lot of broad Federal illegal police powers in areas of alcohol, firearms, the environment, even tobacco."

It's beginning to look like the Supremes will fail this test of being strict constructionists, and limiting Federalism as the founders intended.

This could prove to be one of their worst decisions in decades.

Breyer and Souter sound like they are looking for a raft they can cling to to preserve the Federal government's massive power to pre-empt any State regulation they feel like... despite the commerce clause.