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View Diary: Lochner v. New York: The precedent for enemies of the Healthcare Affordability Act? (55 comments)

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  •  I appreciate the analysis in this diary (1+ / 0-)
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    Cartoon Peril

    I accept the fact that you know these justices better than me.  It probably is useful to study them enough to discern their judicial philosophy.  But once a court heads down the path it did with Bush v. Gore, it's hard not to disregard the details of the analysis and just assume that the opinions are basically determined by the desired outcome.  I know it was 12 years and two justices ago, but I don't really think Alito and Roberts are any better than Rehnquist and O'Connor.  

    I guess the question is whether Kennedy will be concerned about precedent.  I can accept that he is better than the others.  I once worked for a judge who knew him well and thought he was the cat's meow.  But from my relatively uninformed view, there have been a lot of straight up power grabs that he has been in on too.

    As for whether the conservative majority would set up a rule that they wouldn't want to live with?  I think  these justices are fully capable of splitting a hair to distinguish a precedent when the need arises.

    I hope you and the other 85% are right.  Maybe I shouldn't be so cynical about the court.  But I am.

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