ArlingtonDeac
Well-known member
- Joined
- Mar 20, 2011
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Holy shit, again with the Scalia garbage? The dissent that you keep alluding to in no way addresses the situation at hand and could not be utilized as any sort of binding precedent.
It's isn't needed as precent, as this bill fits snuggling into current precedent. Scalia just makes the argument perfectly in the dissent.
Run from the reasoning if you wish--I can see how disturbing that text would be to the argument that the HC bill is somehow suddenly unconstitutional--but Scalia stated quite clearly and eloquently how this bill is legal and fits into the Commerce Clause power, buttressing the precedent that already established it to be legal.
Please explain to me how the principles alluded to by Scalia "in no way addresses the situation." 2&2, that's laughable. There are other arguments, but that's not a viable one. The dissent directly addresses the width and breadth of the commerce power. It pretty much nails exactly why this bill is legal.
I'd be upset too, in your shoes. The right's legal champion pended a strongly worded, unequivocally affirmation of the nearly limitless power of Congress under the Commerce Clause to enact any features necessary to give their legislative packages force. This affirmation augments the transparent reality that the HC bill already fits under the commerce clause power, even after Wickard and Lopez (which regulate non-economic activity).
Scalia created a real pickle for himself, and it will be amusing to see him attempt to contort out of it. Politics v. Principle. Which will win?