Scotus Friday!

Aardvark86

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Jan 23, 2018
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Putting this out there for ventage of spleens as we get additional decisions at 1000. I’m going to predict no dobbs today, but that we do get wv v. epa which could have much more significant implications for most of our day to day lives and the way our government operates. I’ll also predict we get one of either the football coach case, the immigration case, or the Indian law case.
 
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Aardvark86

HR MVP
Jan 23, 2018
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Here we go! And it's....

Empire health!!!!! (medicare disproportionate share calculation)

(This one's gonna be a barn burner)

interesting lineup of kagan, breyer, soto, thomas, and barrett.

BTW, no reference at all to Chevron in kagan's analysis.

From kav's dissent, humorously:

Whatever HHS’s precise motivations for the 2004 change,we now must focus on the statutory text and HHS’s currentinterpretation of it. To begin, both parties offer a dog’s breakfast of arguments about broad statutory purposes,real-world effects, surplusage, structure, consistent usage, inconsistent usage, agency deference, and the like. But this case is resolved by the most fundamental principle of statutory interpretation: Read the statute.

Additional opinions have to be by Chief, Thomas, Alito, Soto or Kagan.
 
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mnole03

HR Legend
Mar 20, 2005
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yeah, that DSH litigation definitely fires people's passions.
Indeed.
WarmheartedUnrulyGraysquirrel-size_restricted.gif
 

Aardvark86

HR MVP
Jan 23, 2018
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...and here we go again....

It's...

Dobbs. 200 pages of it. Alito + 4, Chief concurs.

and that's the last opinion for the day. my original prediction sucked.

Commence mayhem
 

BioHawk

HR Legend
Sep 21, 2005
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Down goes Roe v. Wade. More Supreme Court legislating from the bench. It's campaign season so I would expect some Republican Congressman or Senator to have a national abortion ban law on the floor by the end of the summer.
 

Aardvark86

HR MVP
Jan 23, 2018
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They have no intention of abortion being a states rights issue. They already have a federal ban on deck.
Candidly, there's a question in my mind regarding what the constitutional authority hook for either a federal statutory ban, or a federal statutory right, is. But I suppose it'll be healthier to fight about the meaning of the commerce clause.
 

mnole03

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Mar 20, 2005
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Candidly, there's a question in my mind regarding what the constitutional authority hook for either a federal statutory ban, or a federal statutory right, is. But I suppose it'll be healthier to fight about the meaning of the commerce clause.
Ron Paul admitted to voting for a federal ban even though he believed it was an unconstitutional exercise of legislative power.
 

Big Hawk D-Port

HR Heisman
Nov 29, 2004
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Abortion/privacy is a states rights issue but gun legislation is not.

Gtfo with that.
Obviously the 2nd Amendment is part of the federal constitution, so a right of all Americans regardless of what state you live in.

Abortion, not mentioned in the constitution, is delegated to the states per the 10th amendment.
 

StormHawk42

HR Legend
Nov 3, 2009
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Obviously the 2nd Amendment is part of the federal constitution, so a right of all Americans regardless of what state you live in.

Abortion, not mentioned in the constitution, is delegated to the states per the 10th amendment.
In theory then, so should gay marriage, interracial marriage, and segregated education
 

Big Hawk D-Port

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Nov 29, 2004
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In theory then, so should gay marriage, interracial marriage, and segregated education
Just admitting something is not protected as a constitutional right does not make it any more or less important or worthy of legal protection. But you can’t just add in constitutional rights that aren’t there.
 

mnole03

HR Legend
Mar 20, 2005
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Obviously the 2nd Amendment is part of the federal constitution, so a right of all Americans regardless of what state you live in.

Abortion, not mentioned in the constitution, is delegated to the states per the 10th amendment.
The Second Amendment only applies to the federal government. Only through the legal fiction of Incorporation is it applied to states through the 14th Amendment.

So why is the Second Amendment incorporated and the Seventh Amendment isn’t?
 

Big Hawk D-Port

HR Heisman
Nov 29, 2004
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The Second Amendment only applies to the federal government. Only through the legal fiction of Incorporation is it applied to states through the 14th Amendment.

So why is the Second Amendment incorporated and the Seventh Amendment isn’t?
“The right of the people” does not mean the federal government
 
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Nov 28, 2010
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Maryland
Obviously the 2nd Amendment is part of the federal constitution, so a right of all Americans regardless of what state you live in.

Abortion, not mentioned in the constitution, is delegated to the states per the 10th amendment.
That's an awful interpretation of 10A. 10A does not reserve to states powers to do bad things just as long as the constitution is silent on them.
 
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