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View Diary: Why Obama: To fight for progressive values (128 comments)

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  •  Aren't Roberts's opinions (4+ / 0-)

    On the Commerce and NAP clauses just "dicta" since they were (a) not essential to reach the judgment and (b) not formally joined by any other Justice?

    I realize that the dissent in essence agreed with Roberts but is that enough to make that controlling, ie precedential, in the absence of a formal concurrence?

    I'm curious why the dissenters did not join Roberts as to those parts of his opinion or at least issue a concurrence.

    I know you believe you understood what you think I said, but I'm not sure you realize that what you heard is not what I meant. -- S.I. Hayakawa

    by tapu dali on Sun Jul 01, 2012 at 09:15:21 AM PDT

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