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View Diary: 60 Cases and Counting: What Gun Case Will SCOTUS Take Next? (20 comments)

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  •  A host of law review articles and other research (3+ / 0-)

    ... came out during the last three decades that supported the "original intent" notion J. Scalia found so compelling for his opinion in Heller. What was so clear to Scalia was not so clear for all the years leading up to Heller. The law changed, in my view, because the Court changed, becoming noticeably more conservative when Samuel Alito joined the bench.

    As for ACA, J. Roberts pretty clearly moved his vote over to the "liberals" at the last minute. I'm betting that as push came to shove, he realized the Court would be viewed as politicizing beyond its charter.

    I'm in the camp, however, that believes upholding ACA on the tax powers of Congress to rather than the Commerce Clause (which is the rationale C.J. Roberts used to change his view of ACA), was extremely clever and future looking. This way, the Court can start chipping back the very broad Commerce Clause justifications that underpin much legislation since the New Deal in the 30's.

    2014 IS COMING. Build up the Senate. Win back the House : 17 seats. Plus!

    by TRPChicago on Mon Oct 28, 2013 at 07:56:17 PM PDT

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