Saturday, July 7, 2012

Roberts’ crafty victory - Koppelman -

The battle over the nature of the power of the federal governments is reaching an acute stage.  At issue is whether a conservative majority can impose southern 18th century conceptions of the power of the federal government.  Andrew Koppelman, in typically lucid fashion, explains that it is not the anti-labor Lochner Era but the Supreme Court's post Civil War betrayal of the federal power to overcome the effects of slavery that is the closest analogy of the now blunted conservative drive to declare unconstitutional the Obama health care reforms. - GWC

Roberts’ crafty victory -
by  Andrew Koppelman
Northwestern University Law School
"In the recent, extraordinary leak about the internal deliberations of the Supreme Court in the healthcare case, Jan Crawford reports (while leaving ambiguous whether this comes from her leakers) that Chief Justice Roberts was worried about the lack of existing doctrinal support in the challengers’ case. “To strike down the mandate as exceeding the Commerce Clause, the court would have to craft a new theory, which could have opened it up to criticism that it reached out to declare the president’s healthcare law unconstitutional. Roberts was willing to draw that line, but in a way that decided future cases, and not the massive healthcare case.”" 'via Blog this'

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