Kudos to John Roberts

Discussion in 'Law and Justice System' started by Ravi, Jun 28, 2012.

  1. Ravi
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    Ravi Diamond Member

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    from his ruling:

    Very refreshing. I'm sure I'll be back to hating him next year but that was a very perceptive statement.
     
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  2. jillian
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    jillian Princess Supporting Member

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    yep. he's ok in my book...

    for today.

    on the other hand, let me go re-read the ledbetter case.

    or citizen's united. ;)
     
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  3. rightwinger
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    rightwinger Award Winning USMB Paid Messageboard Poster Gold Supporting Member Supporting Member

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    Roberts knew his legacy as Chief Justice was riding on this vote

    He did not want to go down in history as the man who killed Obamacare
     
  4. jillian
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    jillian Princess Supporting Member

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    i don't think he cared so much about the ACA. i think he was more concerned about being the chief justice to preside over the de-legitimization of the court.

    he couldn't afford another 5 to 4 decision on a major legal question.
     
  5. Inthemiddle
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    Inthemiddle BANNED

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    You mean on a major political question, right? I dunno. I like to believe that this was a straight shot ruling. But realistically, even Supreme Court Justices are human. Oh how I wish I could have been a fly on that wall....
     
  6. Sallow
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    Sallow The Big Bad Wolf. Supporting Member

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    When Bush nominated him..and I had a look at his record..I thought he was a fine pick. Then came along Citizens United and Heller..and I amended my thinking on that.

    However..I may need to amend it again.
     
  7. JimH52
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    JimH52 Gold Member

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    We could say Bush apponted a moderte to the SC or we could say Bush appointed someone who actually is not beholden to the Far Right. I think he deserves applause....:clap2:
     
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  8. jillian
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    jillian Princess Supporting Member

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    well, i meant a major legal decision with major political implications ;)

    ditto... i'd have loved to have heard the negotiations and seen the draft decisions going back and forth
     
  9. Valerie
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    Valerie Gold Member

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    Yes, very refreshing to have legal clarity on this issue going forward...



    The majority ruling is essentially saying it is up to the branches to work out the differences.

    "When a court confronts an unconstitutional statue its endeavor must be to to conserve, not destroy the legislation," Roberts wrote.


    Justice John Roberts issued a long opinion in which he said the controversial individual mandate may be upheld and is within Congress’ power under the taxing clause rather than the commerce clause.

    Important to say that (obviously) this is a complicated ruling and Roberts' did say indiv. mandate could not stand under Commerce Clause.

    Supreme Court upholds health care law - This Just In - CNN.com Blogs
     
    Last edited: Jun 28, 2012
  10. Liability
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    Liability Locked Account. Supporting Member

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    But he apparently concluded that they were invested with the power to change the terms USED by Congress in an ACT to mean very different things.

    Penalty does not mean tax nor vice versa.

    But Roberts saw fit to tell us that even though Congress called the mandate a penalty what they must have really really "meant" was "tax." But NOT the kind of tax that would have required it to be apportioned. No no. That "other" kind of tax that they call a penalty.

    Uh huh.
     
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