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Author Topic: On what do you think the Supreme Court justices will primarily base their health care decision? [Locked]
-Foxy-  5 stars
Title: Moderator
Über Brat

Posts: 6,565
Registered: 2002-5-29 21:46:17
(empty archived post)

 

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jeune  1 star
Posts: 216
Registered: 2005-5-29 13:25:11
If they based it on politics... pretty sure the fact that the democratically elected Congress of the U.S. enacted the law would carry the day... the SCOTUS usually keeps their hands off of political issues... they think the people are in the best position to change it... if they do not like the law then vote new people in.

If they strike it down will probably be because they have been trying to say the law is not a tax... and they would most likely say Congress has overstepped their commerce clause power... which I really do not see. Health care today definitely has an effect on inter-state commerce... just the scope and size of it.

People really do not understand the issue too well... if this is struck down it will only mean that Congress has to pass the law as a tax... under their tax and spend power. That will probably lead to National healthcare... which will probably be better in the long run.

 

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Hyperimiator  3 stars
Title: Maximus Probus
Posts: 840
Registered: 2001-7-20 18:55:36
Hahaha, the law, yeah right.

 

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faefrost  1 star
Posts: 70
Registered: 2000-4-27 21:34:34
For all of our whining regarding "legislating from the bench" from all sides of the spectrum, the court has for the most part remained reasonably free of politics for the vast majority of its 200+ year history. Please understand that "politics" is not the same thing as ideological beliefs. Yes the various Justices have their personal ideological beliefs regarding the principals and foundations of law. But they rarely if ever line up 100% with what we consider politics or mundane day to day political matters.

I've listened to pretty much the entirety of the 3 days of hearings. The only Justice that was straying rather alarmingly into political territory was Kagan, as she kept prompting the solicitor General with answers instead of questions. She was obviously too close to the material, to close to her old job and too protective of her succesor. She should have recused herself. Everyone else was asking very valid questions. I was particularly impressed by Sontomayor(sp?) who was asking much broader questions than anyone expected of a strong left Obama appointee.

 

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Arc_DT  2 stars
Title: Mithan said I am smart
Posts: 363
Registered: 2002-5-28 08:25:51
Periods don't need to be duplicated to be periods. One per sentence is enough.

 

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Terminius_Est  3 stars
Title: Moon River
Posts: 894
Registered: 2002-2-27 06:08:05
Hyperimiator posted:

Hahaha, the law, yeah right.

 

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Arc_DT  2 stars
Title: Mithan said I am smart
Posts: 363
Registered: 2002-5-28 08:25:51
faefrost posted:

The only Justice that was straying rather alarmingly into political territory was Kagan, as she kept prompting the solicitor General with answers instead of questions. She was obviously too close to the material, to close to her old job and too protective of her succesor. She should have recused herself.


I don't think it's practical to recuse herself from every case where the US solicitor general is arguing, and I agree that it probably has more to do with Verilli sucking on ice (by a fairly wide consensus) than "politics" as you define the term, in the more classical sense.

But most people think of "politics" as what you define as "ideology," including probably the OP, at least in the context of her poll. I have no problem with your definitions in a classical sense, but they no longer match the modern American vernacular. And yes, these people are definitely driven by ideology, or else we wouldn't have so many 5-4 decisions, nor would their individual positions be so easy to predict yet so different from each others'.

 

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Myn_Darklighter  1 star
Title: lector caveo sarcasm coerceo
Posts: 81
Registered: 2002-11-7 07:40:11
Poll would have been more accurate if you listed each judge separately.

I think at least a couple on both sides will vote politics.

The rest will be more based on the law.

 

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Onslaught.  4 stars
Title: I've always wanted a title.
Posts: 1,377
Registered: 2001-2-13 13:46:37
Politics... or emotion...

 

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combat_mage_sc  4 stars
Title: Hi. My name is Combat and i'm an alcoholic.
Posts: 1,061
Registered: 2001-7-20 21:19:21
The conservative justices will base it on law and the liberal justices will base it on politics.


 

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