Posted: 4/20/2010 9:04:25 AM EDT
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http://www.obamacareclassaction.com/index.php
Left cold. 
Discuss 
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After reading the complaint, I don't think there's any hope of winning that lawsuit unless it gets a major rewrite when it's time to amend it.
The way I read it, he's asking SCOTUS to overturn McCullough vs. Maryland and I can't believe they would ever do that. They'll overturn Congress, the President, and state law but when it comes to their own rulings, that's Holy scripture to them. I think all you have to know by way of example is Scalia's record; he has voted to overturn federal laws as violations of the 10th Amendment, but he really bitchslapped Gura in McDonald vs Chicago when Gura asked to incorporate the 2nd Amendment by overturning Slaughter-house. Anybody that thinks Scalia's record on 10A would take precedence over his philosophy of Stare Decisis when it's time to vote is just smoking rope. (So says me) I'm all for putting more teeth in the 10th Amendment and I'm glad to see so many efforts, like this one, to do it lately but the only good that's going to come out of this case is that more people will start seriously supporting reinterpretation of 10A. |