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Legal scholars unsurprised by Roberts

JaguarSocialist 2012/06/29 14:07:48

http://www.cnn.com/2012/06/28/politics/supreme-court-obamacar...

Legal scholars expressed little surprise Thursday that the conservative chief justice of the United States -- John G. Roberts Jr. -- proved to be the key vote in upholding the constitutionality of the Affordable Care Act.

"Had the court ruled as the four dissenters would have had it -- in a 5-4 decision, red versus blue -- that the signature act of a Democratic administration was unconstitutional, I think that would have been a very serious threat to the legitimacy of the court," said Timothy S. Jost, a professor at Washington and Lee University School of Law in Washington.

"I think Americans are already very skeptical about the rule of law in the United States and believe that the court is essentially a third political branch," he said in a telephone interview.

But Neal Katyal, a professor of law at Georgetown University in Washington, said that Roberts, "more than almost any justice on the court today, appreciates the institutional role of the Supreme Court and American democracy. He's a student of history, and I think today's decision was a really resounding reflection of the chief justice's values, which are (that) law is not just politics and the Constitution is not just politics, and we should think about decisions impartially and dispassionately and come to the right ones."

Katyal, who served in the Justice Department under the Clinton administration, called Thursday's decision "a resounding victory for the rule of law in America."

But Neal Katyal, a professor of law at Georgetown University in Washington, said that Roberts, "more than almost any justice on the court today, appreciates the institutional role of the Supreme Court and American democracy. He's a student of history, and I think today's decision was a really resounding reflection of the chief justice's values, which are (that) law is not just politics and the Constitution is not just politics, and we should think about decisions impartially and dispassionately and come to the right ones."

Katyal, who served in the Justice Department under the Clinton administration, called Thursday's decision "a resounding victory for the rule of law in America."

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Opinions

  • Rebel Yell 2012/06/29 17:49:34
    Rebel Yell
    +1
    Many people were not surprised by Chief Roberts, who beileves that even if there is a slight reference in the Constitution that would allow OR disallow a law to proceed, that is the path he will follow. As he has made clear, to him it does not matter if that law is popular or not. Obviously, he supported the widely unpopular Citizens United.

    So we see that in the word " tax", which the Obama admin sees as ' penalty'. In the Constitution, the word ' tax' is often conveyed as levy, fee, etc, so that one word is what made all the difference.
  • jackolantyrn356 2012/06/29 16:30:58
    jackolantyrn356
    Stealth Marxist on the Court
  • JaguarS... jackola... 2012/06/29 16:31:54
    JaguarSocialist
    +1
    Oh please, that's the answer right wing idiots give for everything. Roberts ruled the way he did because the law is constitutional, but you're too dumb to know a damn thing about the constitution.
  • HarleyCharley 2012/06/29 15:06:58
    HarleyCharley
    he was bought off....
  • JaguarS... HarleyC... 2012/06/29 15:29:24
    JaguarSocialist
    By whom? Your argument is absurd.
  • Rebel Yell HarleyC... 2012/06/29 17:50:20
    Rebel Yell
    Got details? Let's have them.
  • JaguarS... Rebel Yell 2012/06/29 18:12:30
    JaguarSocialist
    +1
    It has no details.

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