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Thu Jun 28, 2012, 04:50 PM

SCOTUS "Take Away" For America: "Four Justices Effectively Want To Overturn The 20th Century"

How far the four dissenters were willing to go
By Steve Benen - Thu Jun 28, 2012 11:41 AM EDT

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The conventional wisdom, which was neither conventional nor wise, was that the individual mandate was in deep trouble, but it was unrealistic to think the justices would be so radical as to kill every letter of every word of every page of the law. Such a breathtaking move would simply be unnecessarily radical.

And yet, as of this morning, four justices—Alito, Kennedy, Scalia, and Thomas—insisted on doing exactly that. The four dissenters demanded that the Supreme Court effectively throw out the entirety of the law—the mandate, the consumer protections, the tax cuts, the subsidies, the benefits, everything.

To reach this conclusion, these four not only had to reject a century of Commerce Clause jurisprudence, they also had ignore the Necessary and Proper clause, and Congress’ taxation power. I can’t read Chief Justice John Roberts’ mind, but it wouldn’t surprise me if the extremism of the four dissenters effectively forced him to break ranks—had Kennedy been willing to strike down the mandate while leaving the rest of the law intact, this may well have been a 5-4 ruling the other way.

Roberts’ motivations notwithstanding, it’s important that Americans understand that there are now four justices on the Supreme Court who effectively want to overturn the 20th century. Based on the flimsiest of arguments, the four dissenters want to kill progressive legislation basically because their political ideologies tell them to do so.

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MORE:
http://maddowblog.msnbc.msn.com/_news/2012/06/28/12459913-how-far-the-four-dissenters-were-willing-to-go

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Reply SCOTUS "Take Away" For America: "Four Justices Effectively Want To Overturn The 20th Century" (Original post)
kpete Jun 2012 OP
HopeHoops Jun 2012 #1
LeftofObama Jun 2012 #2
HopeHoops Jun 2012 #4
pinboy3niner Jun 2012 #3

Response to kpete (Original post)

Thu Jun 28, 2012, 05:04 PM

1. Well, there ARE parts of the 20th Century I wouldn't mind losing - like disco.

 

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Response to HopeHoops (Reply #1)

Thu Jun 28, 2012, 05:09 PM

2. HEY!

I happen to LOVE Disco!

But your post made LOL.

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Response to LeftofObama (Reply #2)

Thu Jun 28, 2012, 05:39 PM

4. Don't worry. Based on what I heard on a bar "jukebox" channel, it's alive and well.

 

And why do all of the new female singers sound like Cindy Lauper?

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Response to HopeHoops (Reply #1)

Thu Jun 28, 2012, 05:13 PM

3. I will survive :)


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