Monday, August 15, 2011

Early Line on ObozoCare at SCOTUS? Doom!

Just One Minute quotes Kerr:

...Justices Breyer and Ginsburg are pretty obvious votes for the mandate, as they dissented in United States v. Lopez. Justices Kagan and Sotomayor seem like safe votes for the mandate, even if only for the reason that there is almost no opposition to the constitutionality of the mandate in the Democratic establishment from which they were appointed.  Chief Justice Roberts will likely vote to uphold the mandate given the very  expansive views of the Necessary and Proper clause that he signed on to just recently in United States v. Comstock.  I suspect Justice Kennedy will vote to uphold the mandate given his concurring opinion in United States v. Lopez.  And I’m pretty sure Justice Thomas will vote to strike down the mandate given his views of the Commerce Clause.  In contrast, I don’t have good sense of where Justices Scalia and Alito might come out...

The Kennedy prediction is not exactly new.  Roberts is a Bush-man, so although it's disappointing, it's not a shock. 

Thomas is apparently the only solid vote against the plantation.

5 comments:

neomom said...

Well, ain't that a basket full of cold pricklies.

Anonymous said...

Thomas will need to recuse himself based on his wife's efforts to overturn it. Pretty clear conflict of interest.

neomom said...

If Thomas goes, so should Kagen because she was helping put together the case for the Obama Admin.

Dad29 said...

Thomas' WIFE?

Why not his cousins, or great-grand-nephews? Next-door neighbor?

Asinine.

Jim said...

Because his wife earns money based on her advocacy and that income is shared by Thomas (even if he doesn't report it). The rest of his relatives are immaterial.