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Thread: Justice Roberts switched vote

  1. #1
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    Justice Roberts switched vote

    http://www.cbsnews.com/8301-3460_162...in;contentBody

    What I find amazing is that Roberts is known to worry what people think about the court is doing . I thought he was the umpire and his job was to call him as he sees it.

    At his confirmation hearing he was talking about what he does is much like an umpire, silly me I thought the umpire didn't care what the fans and coaches thought.

  2. #2
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    Wow... not one quote in that article.

    So... it's basically like a HM poster writing an internet blog.

    Out of all the hand wringing and "this is the worst ever" complaints out there, I think complaints about the state of journalism in the internet world may rank as the most legitimate.
    "We need education in the obvious more than investigation of the obscure."

    "If you find yourself on the side of the majority, it's time to pause and reflect."

    “A stupid man's report of what a clever man says can never be accurate, because he unconsciously translates what he hears into something he can understand.”

  3. #3
    God of Huskermax

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    Damn lame stream media leftists.

  4. #4
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    Quote Originally Posted by cm husker View Post
    Wow... not one quote in that article.

    So... it's basically like a HM poster writing an internet blog.

    Out of all the hand wringing and "this is the worst ever" complaints out there, I think complaints about the state of journalism in the internet world may rank as the most legitimate.
    CM,

    Jan Crawford does not write a blog she is actually the lead election writer for CBS news, now you can attack CBS news for all kinds of things but this was not a blog and was written by a respected journalist

  5. #5
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    Quote Originally Posted by Lakewood Husker View Post
    CM,

    Jan Crawford does not write a blog she is actually the lead election writer for CBS news, now you can attack CBS news for all kinds of things but this was not a blog and was written by a respected journalist
    Lakewood,

    Who cites no real sources.

    I don't care who she is and who she works for... this is the journalistic equivalent of a blog, except that might an insult to blogs... it's a message board post.

    She's just surmising about something pretty serious with no real support for her position. It's shoddy journalism.

    Best,
    CM
    "We need education in the obvious more than investigation of the obscure."

    "If you find yourself on the side of the majority, it's time to pause and reflect."

    “A stupid man's report of what a clever man says can never be accurate, because he unconsciously translates what he hears into something he can understand.”

  6. #6
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    Quote Originally Posted by cm husker View Post
    Lakewood,

    Who cites no real sources.

    I don't care who she is and who she works for... this is the journalistic equivalent of a blog, except that might an insult to blogs... it's a message board post.

    She's just surmising about something pretty serious with no real support for her position. It's shoddy journalism.

    Best,
    CM
    According to her bio she covered the court for close to 20 years and was the lead reporter on the court for the Jim Leher news Hour.

    Well Bob Woodward used many anonymous sources and was able to penetrate the Nixon Whitehouse, anonymous sources are not always nefarious.

  7. #7
    I am skeptical of her sources in that article.

  8. #8

  9. #9
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    So legal journalists are gossiping and reading tea leaves... shocker. Wonder if they figured that would sell some ad space?



    By the way... uh oh... Scalia referred to the majority 4 who would have upheld the mandate under the CC as the "dissent." Some folks on here better drafts some letters to him.
    "We need education in the obvious more than investigation of the obscure."

    "If you find yourself on the side of the majority, it's time to pause and reflect."

    “A stupid man's report of what a clever man says can never be accurate, because he unconsciously translates what he hears into something he can understand.”

  10. #10
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    ...and this would be the first justice to change their mind?

    What is most unfortunate, if true, is the "camp" mentality of the court.
    “If it is not right do not do it; if it is not true do not say it.” Marcus Aurelius

  11. #11
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    Quote Originally Posted by Husker Mort View Post
    ...and this would be the first justice to change their mind?

    What is most unfortunate, if true, is the "camp" mentality of the court.
    Yeah. I have expected to hear they told him he couldn't sit at their table at lunch anymore.

    This might be a little overblown though. I have to believe the justices form into camps almost entirely on how they see the merits of the arguments, not on personalities or other factors. These are people who are generally dedicated to intellectual process and are used to separating emotion from reason, at least as much as anyone is.

  12. #12
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    Quote Originally Posted by cm husker View Post
    Lakewood,

    Who cites no real sources.

    I don't care who she is and who she works for... this is the journalistic equivalent of a blog, except that might an insult to blogs... it's a message board post.

    She's just surmising about something pretty serious with no real support for her position. It's shoddy journalism.

    Best,
    CM
    I think you've gone overboard. She's a credible reporter who says this story is based on conversations with two sources who she states have direct knowledge of the deliberations. That would about have to be law clerks. Geez, most of the early reporting on Watergate was with anonymous sources. This is way different than a HM post.

    I know the possibility that Roberts changed positions or considered political factors makes some conservatives hyperventilate, but I don't think it is a big deal, even if it is true. And this story only is negative if you come in wanting to see it that way. Roberts certainly found a reasonable argument to hang his hat on, even if his conservative colleagues didn't like it. I can't find fault with his reasoning, even if I'm a little worried about what kind of other social engineering may be attempted with fines cum taxes. He didn't make such taxes constitutional, he just pointed out that they already are. And of course, he agreed with them on the key point about the commerce clause.

    So Roberts here takes a long term view that gradualism and a conservative approach allows him to steer the court in a more conservative direction, in line with his judicial philosophy. There's nothing wrong with that. He was hired to interpret the Constitution and agree with him or not that's the basis of what he is doing. It's not like he threw the game because he's in debt to his bookies or something.

    If there is anything in the article that may be a stretch it would be suggesting that protecting the court's credibility was a significant factor. Even if the dynamics were as described and he did indeed switch, imputing that motive to him would seem to be beyond law clerk's pay grade. I just can't imagine he would discuss it with them, even if it was true. But to a small degree, I would expect a Chief Justice to consider to some degree what will help the Court's influence be the greatest in the long run. So if it was a factor, big whoop.


  13. #13
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    I figured someone would switch a vote to make the court not look as divided. Thought it would be a 5-4 ruling turned 6-3, not reverse a ruling.

    Now it shows that those who yell the loudest will get the results.

  14. #14
    Heisman

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    what? someone changing stances? Noooooooooooooooooooooooooooooooooooooooooooooooo.

  15. #15
    Quote Originally Posted by cm husker View Post
    So legal journalists are gossiping and reading tea leaves... shocker. Wonder if they figured that would sell some ad space?



    By the way... uh oh... Scalia referred to the majority 4 who would have upheld the mandate under the CC as the "dissent." Some folks on here better drafts some letters to him.
    That is what led many to believe that Scalia's original draft was a concurring opinion and he intentionally did not change the language after it became the dissent. He certainly knows better than to make an elementary error about how to label the opinion of the four concurring justices, particularly in light of the amount of proofreading that takes place with respect to an opinion of this magnitude.
    "The distinctive mark of the Christian, today more than ever, must be love for the poor, the weak, the suffering." Pope John Paul II


  16. #16
    Krauthammer had a great editorial in this morning's paper, in which he acknowledges that he would have voted differently than Roberts, but nonetheless articulates quite well what Roberts was looking to accomplish:

    How to reconcile the two imperatives — one philosophical and the other institutional? Assign yourself the task of writing the majority opinion. Find the ultimate finesse that manages to uphold the law, but only on the most narrow of grounds — interpreting the individual mandate as merely a tax, something generally within the power of Congress.

    Result? The law stands, thus obviating any charge that a partisan court overturned duly passed legislation. And yet, at the same time, the Commerce Clause is reined in. By denying that it could justify the imposition of an individual mandate, Roberts draws the line against the inexorable decades-old expansion of congressional power under the Commerce Clause fig leaf.

    Law upheld, Supreme Court’s reputation for neutrality maintained. Commerce Clause contained, constitutional principle of enumerated powers reaffirmed.
    http://www.baxterbulletin.com/articl...sey=nav%7Chead
    "The distinctive mark of the Christian, today more than ever, must be love for the poor, the weak, the suffering." Pope John Paul II


  17. #17
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    Sometimes I will tell my wife we are going to Capital Grill for dinner but than change my mind and go to Golden Corral instead...gets about the same response.
    “Everybody thinks of changing humanity and nobody thinks of changing himself.” - Leo Tolstoy




  18. #18
    Justice Roberts had an agenda and rendered a political rather than a legal decision.

  19. #19
    Heisman

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    Quote Originally Posted by Toby and Bruce View Post
    Justice Roberts had an agenda and rendered a political rather than a legal decision.
    and do you or your other personality know Roberts personally?

  20. #20
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    Quote Originally Posted by FLA4NEB View Post
    Sometimes I will tell my wife we are going to Capital Grill for dinner but than change my mind and go to Golden Corral instead...gets about the same response.




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