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Old July 5, 2012, 02:24 PM   #24
zukiphile
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Join Date: December 13, 2005
Posts: 4,436
Quote:
Originally Posted by sholling
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 find that discussion odd since holding and obiter dicta are not the only choices. To the degree this issue of first impression is met with a rationale for the decision, you have something valuable for future use.

5-4 decisions are of dubious value in argument, but this does look like a coherent response to the commerce clause issue. Future courts will be bound by what the justices at that time find most persuasive; there are no permanent constitutional victories.

Last edited by zukiphile; July 5, 2012 at 02:34 PM.
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