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Old October 14, 2008, 02:11 PM   #26
publius42
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The court had to back peddle from that position in following decisions until 1995, when Lopez was passed.
I don't follow you here. What cases represent a "back peddle" from the Wickard decision? I can't think of one.

Lopez might count as the only back peddle, and it was a half stroke at best. It reviewed a law which had already been replaced, so it had no practical effect at the time, and the Gun Free School Zones Act remains on the books today. It does not appear to have had any effect on subsequent cases, and the dissenters in Raich said that the majority conclusion in that case had reduced Lopez to a "drafting guide" for Congress.
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Old October 16, 2008, 09:44 AM   #27
Socrates
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You are correct. When reading Lopez, you get that impression...
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Old October 16, 2008, 09:55 AM   #28
buzz_knox
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And, it's also HIGHLY erroneous to say that Roosevelt's plan to pack the Supreme Court somehow "scared" the justices into rolling over and licking Roosevelt's boots.
Maybe so, but that's precisely is what is taught by at least a few constitutional law professors.
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Old October 16, 2008, 11:39 AM   #29
Tennessee Gentleman
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The switch in time that saved nine.

http://www.boston.com/news/globe/ide...switch/?page=1

Not sure it has been decided either way.
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Old October 17, 2008, 09:11 AM   #30
Al Norris
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Again, speculation, Tennessee.

Even the article itself says we may never know the real reasons for the switch.

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And yet, everything did change after 1937. Felix Frankfurter, then a professor at Harvard but soon to join the court, himself called Roberts's move ''a somersault.''
As I wrote earlier, "That "something" has always been open to debate."
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Old October 17, 2008, 09:50 AM   #31
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Again, speculation, Tennessee.
You are right, we cannot know what they thought without them telling us. However, the coincidences are compelling and I think fit in with aspects of human nature.

I think somewhere in all justices heart of hearts their decisions are kept in check by the possibility of their court becoming irrelevant.

I like the famous quote by Oliver Wendell Holmes "If the nation wants to go to hell, then GD let 'em do it."
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