Which way will Justice Kagan rule?

Discussion in 'Politics' started by carpro, Nov 14, 2014.

  1. carpro

    carpro
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    A new case is now before SCOTUS concerning Obamacare and the wording of the law denying subsidies to buyers unless they are in a STATE exchange. 36 States did not set up exchanges.

    Justice Kagan has a problem.

    What will she do? Stay true to the constitution and her own precedent or stay true to her liberal ideology and invent a reason to arbitrarily change the wording of a law written by Congress?
     
  2. carpro

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    No opinions?
     
  3. Revmitchell

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    It's hard to say. Far left extreme libs have all kinds of ways to justify their garbage.
     
  4. carpro

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    Yes.

    They usually just stick with their ideology, but it'll be interesting to see how she spins the above decision to do that.

    Actually she should be recusing herself from Obamacare cases, but she's not doing that either.
     
  5. kyredneck

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  6. Crabtownboy

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    Don't know how she will voted.

    General welfare clause of a Constitution described:

    US Constitution and:

    Alexander Hamilton's view:"

    Much will depend on how the justices view the General Welfare Clause of the Constitution.
     
    #6 Crabtownboy, Nov 15, 2014
    Last edited by a moderator: Nov 15, 2014
  7. carpro

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  8. carpro

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    Does the general welfare clause allow SCOTUS to rewrite legislation from the bench?
     
  9. kyredneck

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    As part of the Judicial branch I've no idea what input she may have had with the development of ACA. I'm saying it is our first amendment rights that she poses the biggest threat to, which is yet to come fully into play (but I've no doubt it eventually will):

    "Americans must likewise wake up to a Supreme Court nominee who displays a disturbing eagerness to redistribute to the government their hard-earned constitutional free speech rights. Or, to put it bluntly, she is willing to allow the use of government force to silence citizens."

    Who Gets the Gag? Elena Kagan’s First Amendment Problem
     
  10. carpro

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    I don't doubt anything you are saying. She is a dedicated leftist and, in general, they are all about silencing the opposition.

    But more on topic, she was deeply involved in the crafting of obamacare and lied to the senate about it in her confirmation hearing. she should be recusing herself from any cases concerning Obamacare, but refuses to.

    However , as pointed out in the OP , she now has a problem. And I'm curious to see how she gets around it.
     
  11. InTheLight

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    Legal judgments are very dependent on precedent so I think she will stay true to her previous ruling.
     
  12. Crabtownboy

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    Whether it is rewriting legislation or not is a matter of opinion.

    This activist court certainly rewrote legislation in its ruling on imminent domain a few years ago. They also were very activist in declaring corporations as a person. Also, they overturned 700 years, counting English, in their activist ruling on habitus corpus. This, so called conservative court has been themost activist court in our history.
     
  13. OldRegular

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    The Federal Courts are getting like Herr Obama, they ignore the Constitution!
     
  14. OldRegular

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    I doubt she believes she has a problem. Leftist democrats, like some on this Forum, consider they are immune from anything they have done in their former lives.
     
  15. carpro

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    Right. Kagan's own opinion.

    She said no before. What will she do this time?

    Do you have an opinion or are you going to look for more smokescreens?
     
  16. Crabtownboy

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    I do not know which way she will vote and it seems silly for me to speculate on that.
     
  17. carpro

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    Then why are you here?
     
  18. Revmitchell

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    Uh no it is a matter of fact.
     
  19. carpro

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    Ordinarily , I would agree with you.

    But she's an Obama appointee and a liberal. She can't be trusted at all. The fact she has refused to recuse herself from obamacare cases gives us a clue to her behavior.

    I think she will use some sort of tortured legal reasoning to rule against her own precedent. I hope I'm wrong. I'll be the first to acknowledge it if I am.
     
  20. Revmitchell

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    After "tortured" is how libs get things done. Just ask Guber
     

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