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Old July 5, 2012, 02:00 PM   #21
sholling
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Join Date: May 18, 1999
Location: Hemet (middle of nowhere) California
Posts: 4,261
Quote:
A different view than most.

Some here may just be interested in these two articles of mine:

http://www.freelibertywriters.com/ch...oes-it-re.html

And

http://www.freelibertywriters.com/ch...at-is-not.html
I am not a lawyer but there seems to be some debate within the legal community about whether the the commerce clause restrictions are a binding part of the ruling or merely dictum. I suspect that congress will take it as dictum and future lower courts and a future (after more appointments) SCOTUS may agree that what we assumed was a limitation on federal power was just non-binding discussion.

http://www.volokh.com/2012/07/02/a-s...s-dictum-mess/
Quote:
Much literal and blogospheric ink has already been spilled over the question of whether the Court’s conclusion that the Commerce Clause does not authorize the individual mandate is part of the holding or mere dictum.
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