Friday, April 20, 2007

Friday, Saturday, and Sunday (4-20-07)

Open thread Friday. We got a good debate going last week. Join in this week with a submission on the topic of your choice in the comment section below.



Blogger Aaron B. Solem said...

Assume a cadre of liberal/conservative SCOTUS judges joined together to overturn federal partial birth abortion statues on the commerce clause argument:

1) Which SCOTUS members would, most likely, be a part of that coalition?

2) Which side would Scalia fall on? If he came down with Thomas (as expected?), what would this say about his opinion in Rach?

3) What would this say about federalism and the courts?

Swanson? Jensen? Anybody?

April 20, 2007 10:36 AM  
Blogger Derek said...

1. Ginsburg, Souter, Breyer, Stevens, Kennedy

2. Scalia likely to vote with Thomas to uphold the partial birth abortion law. This means that Scalia's vote in Raich was purely due to his dislike of people using (some) drugs, and gives more evidence that Raich was a rare departure of his normally stellar jurisrudence.

3. This says that justices, like most people, vote their own interests and then go looking for logic to back it up.

April 21, 2007 10:22 PM  
Blogger Aaron B. Solem said...


You really don't think Thomas and Scalia would join in that coalition, even considering their concurring opinion addressing a commerce clause challenge to the ban?

April 23, 2007 2:30 PM  

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