Skip to main content

View Diary: What's at stake: The Supreme Court (118 comments)

Comment Preferences

  •  For anyone doubting this (5+ / 0-)

    I suggest reading some of the old Supreme Court decisions that were overruled following the ideological switch of Owen Roberts and the retirement of Willis Van Devanter in 1937.  For starters, Hammer v. Dagenhart (1918) and Adkins v. D.C. Childrens Hospital (1923).  Essentially, the Constitutional doctrine was that the commerce clause limited Congress to regulating goods "in the stream of commerce" and nothing else.  Clarence Thomas has been vocal (to the extent he is vocal) about his desire to return to what FDR had called "a horse and buggy interpretation of the Constitution," most recently in his separate dissent in the Affordable Care Act decision.  This view would void 90% of federal laws and regulation and render the federal government impotent.

    "We have always known that heedless self-interest was bad morals, now we know that it is bad economics." Franklin Delano Roosevelt, Jan. 20, 1937

    by Navy Vet Terp on Sun Nov 04, 2012 at 09:51:23 AM PST

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site