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July 03, 2012

Roberts

For those of you who are positively a-tingle, wondering what the Blog Princess thinks about the Roberts opinion in Sebelius, be assured that she will at some point reveal her much coveted verdict...

...once she figured out what that is. Unlike most of the western world, I don't see this as a simple question. I'm most of the way there, but though I can't honestly say I think my take will change the way anyone sees this, I want to get it right because it matters very much to me.

Posted by Cassandra at July 3, 2012 02:12 PM

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Comments

What's the hard part you're rubbing up against? The idea that he may also have also written the dissent -- which coherently explains why this was unconstitutional -- before he decided to try to find a way to make it constitutional? That seems like a real problem to me, if it's true; although I don't really have a problem with the ruling as such, except for the "tax/not-a-tax" thing.

The real reason it's unconstitutional is the 10th Amendment, which wasn't tested in the ruling. We can't hope for SCOTUS to come to that one, though, because they've refused to enforce the 10th all along. Of course, that was true for the 2nd for a long time... until the Roberts court rendered Heller.

Posted by: Grim at July 3, 2012 10:14 PM

I came over here EXPRESSLY to see what the wise, thoughtful, discerning, objective & informed Dyspeptic Blog Princess (or something like that) things of the SCOTUS (am I evil for having a hard time not allowing 'scrotum" to come to mind when typing out SCOTUS? betcha I'm not the only one
:-O))
We are COUNTING ON YOU, Woman! Awaiting your emergence from your contemplative penumbra of this constitutional conundrum.

A Seesterly MUAH! & hugs from Colorado!

Posted by: El's Bells MEOWZA at July 4, 2012 02:11 AM

things = thinks.
Proofreading---not one of my favorite thinks....err..things. But I do love raindrops on roses and whiskers on kittens; bright copper kettles & warm woolen mittens---- in the winter--- and things of that nature.

Posted by: OCD Spelling & Grammar Nazi Cat at July 4, 2012 02:17 AM

Cat! I have been thinking about you lately and wondering how you were doing! You made my day :)

Grim, the biggest problem I've had lately is time. I do a fair amount of writing in my day job, on a very different subject. So there are times when my brain is just plain fried.

I haven't read a whole lot of opinion/analysis on this because I like to make up my own mind first, then test my thinking by reading what other people have to say. So far, though, what I have read has left me cold.

I am thinking this would be a good time to resurrect our Pillars of Government posts. We never did get around to the Courts. Look for something Thursday or Friday on this.

Posted by: Cass at July 4, 2012 09:01 AM

Sebelius was a great composer.

Fixed it for ya.

(couldn't resist, yanno)

Posted by: Me at July 4, 2012 04:48 PM

I have a difficult time believing that Roberts caved for no apparent reason than to ingratiate himself with the D.C. cocktail circuit. Their is a sub-plot to this ruling that time and thoughtful discussion will reveal. Until then, I give CJ Roberts the benefit of the doubt and watch how the liberals sweat and swing on the tax vs penalty rope. CJ Roberts is operating in another dimension unknown to us mortals for now.

Posted by: vet66 at July 4, 2012 08:37 PM

Vet66:

I agree with you. Any time professional court watchers are blindsided by a ruling, and even legal professionals can't agree about what it means, ordinary people should probably take the hint that maybe the issues aren't as simple as folks who gunned out op-eds at lightning speed make them out to be :p

Posted by: Cassandra at July 6, 2012 02:04 PM

Sebelius was a great composer.

WAS NOT!!! :)

Posted by: Sebelius' Bratty Little Sister at July 6, 2012 02:05 PM

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