tag:blogger.com,1999:blog-6926413038778731189.post4285687732288606476..comments2023-10-16T07:13:12.123-05:00Comments on A plain blog about politics: Health Care, Moving Through the CourtsJonathan Bernsteinhttp://www.blogger.com/profile/15931039630306253241noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-6926413038778731189.post-63183218009704459732011-02-13T23:37:05.860-06:002011-02-13T23:37:05.860-06:00If we are to see the Court as primarily partisan, ...If we are to see the Court as primarily partisan, we could expect them to attempt to achieve partisan policy goals, or to help the party win elections. In abortion lets say, and probably in other issues, there is an argument to be made that those two things push partisans on the Court in different directions.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-42314765778827487762011-02-02T01:18:17.151-06:002011-02-02T01:18:17.151-06:00Why assume that Scalia would overturn ACA, given h...Why assume that Scalia would overturn ACA, given his concurrence in Gonzalez v. Raich, in which he wrote expressly to emphasize that, "[w]here necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that do not themselves substantially affect interstate commerce"?Gordon Danningnoreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-49462472878376151772011-02-01T16:27:26.724-06:002011-02-01T16:27:26.724-06:00Do they really want to return to a pre-New Deal un...<i>Do they really want to return to a pre-New Deal understanding of the Constitution, with all that it implies?</i> <br /><br />Roberts, the most reliable pro-business justice in seventy years is going to walk away from an opportunity to cut the modern regulatory state off at the knees?<br /><br />This is the moment he was born for.Davis X. Machinahttp://davisxmachina.wordpress.comnoreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-2965875423671437752011-02-01T14:03:11.458-06:002011-02-01T14:03:11.458-06:00"if we're to see the Court as primarily p..."if we're to see the Court as primarily partisan, do we expect them to attempt to achieve partisan policy goals -- or to help the party win elections?"<br /><br />Do you suppose the majority (and their successors) from Bush v Gore regret the effect of putting an inattentive anti-intellectual in the White House? If they are deciding in 2012 may it not depend on who is, or looks likely to be, the Republican nominee as to how much weight to give to your alternatives?Johnny Canucknoreply@blogger.com