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rockwall Special user 762 Posts 
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It's only judicial activism when the other side does it.
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balducci Loyal user Canada 227 Posts
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The Brown decision (regarding segregation) was 9-0. That might (or might not) be activism, but my guess (without knowing the exact composition of the court at that time) is that it was not partisan.
Make America Great Again! - Trump in 2020 ... "We're a capitalistic society. I go into business, I don't make it, I go bankrupt. They're not going to bail me out. I've been on welfare and food stamps. Did anyone help me? No." - Craig T. Nelson, actor.
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LobowolfXXX Inner circle La Famiglia 1196 Posts
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Yes, the reference to Brown was in response to Obama's comments (as quoted by Marlin), not in response to the allegations of partisanship.
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley. "...as we reason and love, we are able to hope. And hope enables us to resist those things that would enslave us." |
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Marlin1894 Special user 559 Posts
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Quote:
On 2012-04-05 16:40, balducci wrote: No it clearly didn't breakdown across political lines(or break down at all), but I think the point was that an unelected group of people knocked down a policy that was put in place by a group of elected people. In many southern states segeration was REQUIRED by law. So if the Court were to throw out some, or all, of the Affordable Care Act it wouldn't be "unprecedented". It wouldn't even be particularly "extraordinary". But the President knew that full well when he made his comments. His comments were made to rile those who don't know that. |
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mastermindreader 1949 - 2017 Seattle, WA 12586 Posts
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Yes- it would be the first time since the Lochner decision in the 1930's that the Court overruled this type of legislation. That's relatively unprecedented, as the President accurately stated. His comments weren't made to rile anyone, they were just statements of fact.
See: http://en.wikipedia.org/wiki/Lochner_v._New_York |
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Marlin1894 Special user 559 Posts
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"I'm confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress."
That's what he said. |
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mastermindreader 1949 - 2017 Seattle, WA 12586 Posts
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Yes- and he was correct.
From Justice Harlan's dissent in Lochner: "The power of the courts to review legislative action in respect of a matter affecting the general welfare exists only "when that which the legislature has done comes within the rule that, if a statute purporting to have been enacted to protect the public health, the public morals or the public safety, has no real or substantial relation to those objects, or is, beyond all question, a plain, palpable invasion of rights secured by the fundamental law." |
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Marlin1894 Special user 559 Posts
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Oh. I didn't see anything in the quote about a law affecting the general welfare, or any other qualifier. I saw "a law".
Maybe we should quibble about why he decided to use the term "strong" majority, or why he felt a need to point out thatthe Supreme Court is an unelected body as well while we are at it. |
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rockwall Special user 762 Posts
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Bob, are you actually saying that it would be unprecedented for the Supreme Court to overturn a law that was passed by Congress??? And here, I always thought it was their job to overturn unconstitutional laws passed by Congress. In fact, isn't the Justice Dept currently asking the Supreme Court to overturn a recently passed law?
You've got me totally confused. |
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S2000magician Inner circle Yorba Linda, CA 3465 Posts
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Quote:
On 2012-04-05 17:15, mastermindreader wrote: I didn't notice the President using the adverb "relatively", and I'm not sure that something can be "relatively" unprecedented anyway: either there's a precedent or else there isn't. Here, there is. |
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LobowolfXXX Inner circle La Famiglia 1196 Posts
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His comments weren't meant to inform, and they weren't meant to rile; he was just playing politics.
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley. "...as we reason and love, we are able to hope. And hope enables us to resist those things that would enslave us." |
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rockwall Special user 762 Posts
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I thought he was sending a warning shot across the bow.
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mastermindreader 1949 - 2017 Seattle, WA 12586 Posts
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Quote:
On 2012-04-05 18:30, S2000magician wrote: Perhaps I should have rephrased that to read "unprecedented since the 1930's." |
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mastermindreader 1949 - 2017 Seattle, WA 12586 Posts
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Quote:
On 2012-04-05 18:26, rockwall wrote: No, that's not what I'm saying at all. I am referring to health and welfare related legislation as noted in the dissenting opinion in Lochner that I quoted previously. |
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mastermindreader 1949 - 2017 Seattle, WA 12586 Posts
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Quote:
On 2012-04-05 18:51, LobowolfXXX wrote: I would use the word "remind" rather than "rile." |
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LobowolfXXX Inner circle La Famiglia 1196 Posts
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Quote:
On 2012-04-05 19:01, mastermindreader wrote: I think it's The Prez, not you, who should have chosen his words with greater care.
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley. "...as we reason and love, we are able to hope. And hope enables us to resist those things that would enslave us." |
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mastermindreader 1949 - 2017 Seattle, WA 12586 Posts
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Maybe he'll take me on as a speech writer!
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S2000magician Inner circle Yorba Linda, CA 3465 Posts
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Quote:
On 2012-04-05 19:06, mastermindreader wrote: So that you can infuse his speeches with NLP? |
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rockwall Special user 762 Posts
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Quote:
On 2012-04-05 19:03, mastermindreader wrote: Maybe that is what you meant but it is certainly not what you said.. Maybe congress hasn't passed any unconstitutional laws regarding health and welfare since then is why the supremes didn't need to strike them down. |
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mastermindreader 1949 - 2017 Seattle, WA 12586 Posts
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I know, I am not being my usual model of clarity today.
And now some world news- How Europe Views Our Supreme Court: http://news.yahoo.com/europe-baffled-u-s......850.html |
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Posted: Apr 5, 2012 06:33 pm 
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