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Politics : Liberalism: Do You Agree We've Had Enough of It? -- Ignore unavailable to you. Want to Upgrade?


To: joefromspringfield who wrote (117310)11/9/2011 7:08:37 PM
From: Kenneth E. Phillipps  Read Replies (2) | Respond to of 224757
 
George Washington University professor Kerr, a former law clerk to Justice Anthony Kennedy, predicts the law ultimately will stand.

He believes the four liberal-leaning justices —Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan— would vote to uphold the law based on past rulings and their backgrounds.

Kerr notes that Breyer and Ginsburg have expressed views giving Congress generous power to regulate commerce.

He adds that Kagan and Sotomayor, both appointed by Obama, would be likely to adopt the prevailing Democratic view that the law is constitutional.

The law's challengers, then, would need all five of the more conservative justices to prevail: Roberts and Antonin Scalia, Samuel Alito, Clarence Thomas, and Kennedy.

Kerr predicts that at least Kennedy would vote to uphold the insurance mandate as a valid exercise of commerce power, based on Kennedy's past writings.
usatoday.com