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  •  I'd be a lot less concerned that just such an (1+ / 0-)
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    DSPS owl

    event might occur, if this were not a SCOTUS which had already done so, at least once that I know of - see Citizens United vs FEC

    On June 29, 2009, the Supreme Court issued an order directing the parties to reargue the case on September 9 after briefing whether it might be necessary to overrule Austin v. Michigan Chamber of Commerce and/or McConnell v. Federal Election Commission to decide the case.[cite]

    Justice Stevens noted in his dissent that in its prior motion for summary judgment Citizens United had abandoned its facial challenge to Section 203, with the parties agreeing to the dismissal of the claim. Stevens argued that the Court chose to hear argument on issues the parties had agreed were not to be presented to the Court and that it reached a decision on constitutionality when it could have found for the plaintiffs on narrower grounds. [cite]

    [emphasis added]

    While the effects of Citizens United vs FEC on our elections are showing to be overwhelming, it's this disturbing action on the part of the SCOTUS itself which alarmed me even more.

    The issue of stare decisis has come to dominate our Senate SCOTUS confirmation hearings to a large degree. Because the Court's willingness to follow previous Courts, to mold and shape the Living Law in light of previous decisions is crucial to our stable legal system.

    SCOTUS decisions which throw out established law (stare decisis) generally cause social and legal upheavals in this country, which is destabilizing.

    Thus my concern that this Court, which has already done so, will do so again...

    My concern is that the ACA will come before Chief Justice Robert's Court and find itself being questioned, not for it's use of the Commerce Clause to enforce mandated purchase of insurance, but for it's premise that all American's should have access to healthcare insurance and federal support to purchase it if they are too poor to do so without assistance.

    Please tell me that I'm wrong.

    * * *
    I like paying taxes...with them, I buy Civilization
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    "A Better World is Possible" - #Occupy

    by Angie in WA State on Fri Feb 10, 2012 at 01:53:50 PM PST

    [ Parent ]

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