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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?

To: JohnM who wrote (192903)	6/30/2012 3:14:14 PM
From: koan	Respond to of 542532

Chris Hays had a great program this morning on the ACA decision. The liberal law professor said not only was it easily constitutional, but one could use any one of four avenues including the commerce clause. He also had a copy of the constituion and pointed out the 16th ammendment. Passed by liberals against conservative opposition, as usual. en.wikipedia.org Wish I could remember who he was, but I was half asleep. He was sharp though. Law Professor at Georgetown law school?

To: JohnM who wrote (192903)	7/1/2012 1:57:25 AM
From: koan	Read Replies (1) \| Respond to of 542532

So what about the arguments for the 2,000 election steal and citizens United? I feel those two decisions reflect Roberts true personality more than the ACA decision. <<That's a mixed bag. The author of the piece I posted yesterday, a law professor at Yale, argued that Brandeis social security decision is a strong source. Brandies, according to that piece, based his support for SS, in a 5-4 decision, on the taxing power rather than commerce clause. Brandeis' most favored clerk, Henry Friendly, became a highly respected federal appeals court judge who continued that line of reasoning--may still be on the court--I don't know, in many, many cases. John Roberts was his clerk and by all reports the two were quite close. A fairly strong argument, I submit.