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Some of you may recall an on-going, ahem - discussion, I had previously on this forum with a pseudo lawyer-type in which he vigorously argued that now-Justice Kagan would not be required to recuse herself should the Obamacare case(s) make it to the Big Supremes (slang for US Sup. Ct.).
See link above.
Don't recall this happening in the past, where the House Judiciary Committee is proactively plotting to effectively force Kagan to recuse.
Worst nightmare situation: Kagan recuses and we end up with a 4-4 split vote.
Stranger things have happened.
The Republican appellate judge on the 6th Circuit has been big surprise number one. And he was a law clerk for Scalia.
In effect, he was sending a message to the Big Supremes - put up or shut up. You've expanded the hell out of the Commerce Clause to the point where I am effectively forced to say - this is valid under existing precedent. But, if this IS valid, then truly there is no limit to Congressional authority. So either fix it, or don't.
Some of you may recall an on-going, ahem - discussion, I had previously on this forum with a pseudo lawyer-type in which he vigorously argued that now-Justice Kagan would not be required to recuse herself should the Obamacare case(s) make it to the Big Supremes (slang for US Sup. Ct.).
See link above.
Don't recall this happening in the past, where the House Judiciary Committee is proactively plotting to effectively force Kagan to recuse.
Worst nightmare situation: Kagan recuses and we end up with a 4-4 split vote.
Stranger things have happened.
The Republican appellate judge on the 6th Circuit has been big surprise number one. And he was a law clerk for Scalia.
In effect, he was sending a message to the Big Supremes - put up or shut up. You've expanded the hell out of the Commerce Clause to the point where I am effectively forced to say - this is valid under existing precedent. But, if this IS valid, then truly there is no limit to Congressional authority. So either fix it, or don't.
